National Guard member files complaint against sheriff's dep...

Full story: KUSA Denver 98
Carl Adams' father was once a sheriff's deputy in Florida. As a child he wanted to model himself after his father. Full Story
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JRT

AOL

#1 Jun 22, 2007
I'am from Sedgwick County and a good close personal friend to Carl Adams. The Sheriff's Office disgraced Carl, me, my family, and especially to the veterans that live in this county for what they did.
Lance Winslow

United States

#2 Jun 22, 2007
How times change. No problem when Bush didn't show up for his physical or duty.
anon

AOL

#3 Jun 23, 2007
Although it sounds like the remedy (if Adams prevails) would be to get his job back and lost pay restored, I hope he finds a position with some other law enforcement agency. It just doesn't sound like a sheriff's office that would welcome him back and not hold any grudge. Even though he resigned, it was due to the way they handled his Guard obligation. He should get back pay if he wins.

If what was said about the sheriff is true, he became irritated about the deputy's Nat'l Guard obligation within the first few weeks of Adam's employment. The guy had (at most) only needed one weekend off at that time. No matter how junior he was to the other deputies, he would have had a few days off coming.

Maybe starting over at a larger office with more personel would be in his best long term interest. Time off for Guard duty would not have as much of an impact and he wouldn't have to deal with the sheriff & under sheriff that caused this.
Retired Military Spouse

Denver, CO

#4 Jun 23, 2007
I am happy to hear Mr. Adam's is speaking out. There is many young military members that face this everyday. This is a situation where the employer should have considered Mr. Adam's prior commitment before hiring him. I feel they need to rehire him as he did a good job and set the schedule around his military commitment. The Sheriff's office is clearly wrong-
Thank you

Great Falls, MT

#5 Jun 23, 2007
Thank you for our service Carl! Maybe someday, you can run and be elected Sheriff of Sedgwick County. I think it is time for a change.
Name Here

Denver, CO

#6 Jun 23, 2007
I love how they bitch about having to cover for him 1 weekend a month 2 weeks in the summer. Crying about being away from their families.

If this guy gets deployed....he will not only be a world away from his but his life will be on the line. Fuck those cops. They should be honored a Gaurdsman works along side them.
Name Here

Denver, CO

#7 Jun 23, 2007
Retired Military Spouse wrote:
This is a situation where the employer should have considered Mr. Adam's prior commitment before hiring him. I feel they need to rehire him as he did a good job and set the schedule around his military commitment. The Sheriff's office is clearly wrong-
Being in the gaurd shouldn't affect whether or not they hire him. If skin colo sexual preference religion etc.. isn't an issue than why should choosing to serve be.

Since: May 07

Chandler, AZ

#9 Jun 23, 2007
I believe Federal law applies up there in extreme NE Colorado, right? This case sounds like a slam dunk to me.
Sedgwick County Citizen

United States

#10 Jun 23, 2007
Will someone please post where we can write in Carl's defense. This is wrong, wrong, wrong. When there is a major disaster, who do they call? The National Guard!!!!
Jack Black

Denver, CO

#12 Jun 23, 2007
That is a shame. Carl hang in there!
PuttinFireToTheT ire

Denver, CO

#13 Jun 23, 2007
Isn't it sad to watch our beloved country fade away into non-existance?
Tammy Taylor

Denver, CO

#14 Jun 23, 2007
My son is a soldier fighting in Iraq, our family lives in Julesburg, I can tell all of you that this county does support our troops and so does our sheriff's dept. Justin is a former Marine, Tony has 19 years in the service, Craig has a son deployed in Iraq, all these wonderful men work for our sheriff's dept.
All of you that feel the need to pass judgement should not until you know the ENTIRE story. The way some of my fellow citizens and neighbors are bashing each other is what's a shame. Let's stop this garbage. Let the law decide if Delbert Ewoldt was in error.
Put your money where your mouth is and really start supporting our boys in Iraq. How many of you have written them a letter,or sent them some goodies, They can't even get socks over there. It's 130 degrees, they are sleeping in sand with the sound of gunfire all around them. They miss home and they cling to the hope of coming home in one piece.
Writing a letter is free with Motomail.com and the guys will have it in 48 hrs. How simple is that. Please everyone think about what you are doing to our already small community.
It is Marsha again

United States

#15 Jun 23, 2007
I have a post on this article that seems to have disappeared. This is not the first time ... there have been several ... does Channel 9 knows that could be happening!
Jim Tolentino

AOL

#16 Jun 23, 2007
I do agree with people should supporting our troops in Iraq, but what about our soliders who are at home. Sheriff Ewoldt and Under Sheriff Peck did error in their decisions on suspending Carl. I also think that there should be a recall election on Ewoldt. If this is the same Tammy Taylor that I know from Flying J that got my mother fired. Your a brown noser always have and always will be!!
Tammy Taylor wrote:
My son is a soldier fighting in Iraq, our family lives in Julesburg, I can tell all of you that this county does support our troops and so does our sheriff's dept. Justin is a former Marine, Tony has 19 years in the service, Craig has a son deployed in Iraq, all these wonderful men work for our sheriff's dept.
All of you that feel the need to pass judgement should not until you know the ENTIRE story. The way some of my fellow citizens and neighbors are bashing each other is what's a shame. Let's stop this garbage. Let the law decide if Delbert Ewoldt was in error.
Put your money where your mouth is and really start supporting our boys in Iraq. How many of you have written them a letter,or sent them some goodies, They can't even get socks over there. It's 130 degrees, they are sleeping in sand with the sound of gunfire all around them. They miss home and they cling to the hope of coming home in one piece.
Writing a letter is free with Motomail.com and the guys will have it in 48 hrs. How simple is that. Please everyone think about what you are doing to our already small community.
Wild Bill

AOL

#17 Jun 23, 2007
What do you expect from a couple of uneducated country hicks?

Since: Apr 07

Denver

#18 Jun 23, 2007
Federal and state laws afford broad protection for employees that perform military duty. These laws apply to all employers regardless of size and regardless of how long the employee has worked for you.

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. Sections 4301-4334, is the federal law that was enacted by Congress to establish certain rights and benefits for employees who undertake military service, and duties for employers.

While not exhaustive, the following are some protections under USERRA afforded to employees:

An employer is required to provide an employee a cumulative total of up to five years of military leave, unless certain limited exceptions apply. This period starts anew with each new employer.
Following military leave, an employee is entitled to be reemployed as long as: 1) the cumulative amount of military leave does not exceed five years, 2) the employee provided proper advance notice to the employer as specified below, 3) the employee has timely reported back to work or submitted a reemployment application within the statutory time frame, which varies based upon the length of the employee’s military duty, and 4) the employee has not been separated from military service with a disqualifying discharge or under other than honorable conditions.

An employee must provide proper advance notice to their employer of the need for military leave, unless advance notice is precluded by military necessity, or is otherwise impossible or unreasonable under the circumstances. The regulations require an employee to provide notice as far in advance as is reasonable under the circumstances. The Department of Defense regulations strongly recommend advance notice be provided at least 30 days prior to departure for military service when it is feasible to do so.
With certain limited exceptions, the employee is entitled to be promptly reemployed following military leave in the position he or she would have attained (i.e. promotion) but for the employee’s military service. Reemployment shall occur within two weeks of the employee’s application for reemployment.

An employee taking military leave retains their original seniority date, and is entitled to any seniority-based benefits and pension benefits as if continuously employed during the leave period.
For all other benefits (i.e. accrual of vacation leave), an employee is entitled to the same rights and benefits as similarly situated employees on comparable leaves.

Military leave is generally unpaid, however, an employee may elect to use any accrued paid vacation or similar leave during military leave.

An employer is not allowed to discharge a reemployed employee following military service except “for cause” within one year after reemployment, if the most recent period of military service was more than 180 days. If the most recent period of military service was more than 30 days but less than 181 days, the employee cannot be discharged within 180 days after the date of reemployment except “for cause.” This provision even applies to “at will” employees.
Discrimination against employees is prohibited based upon an employee’s military service.

Employers are prohibited from retaliating against employees for exercising their rights under these laws and participating in an investigation or proceeding involving alleged violations of USERRA.

Further, employers are mandated to provide a notice to employees of their USERRA rights. Employers can fulfill this notice requirement by using a poster from the Department of Labor that can be located at http://www.dol.gov/vets/ .

- Good job on breaking most of the provisions of the law you should be aware of and support. Not only does he have a case on this but he can also file with the EEO for Constructive Discharge.
Proud Mother of a Soldier

Broomfield, CO

#19 Jun 23, 2007
In response to a couple of the negative comments I've read, let me help you better understand the situation at hand. I am a resident of Julesburg as well, and the proud mother of Carl Adams. I realize that it is a natural instinct for people to want to pull out dirty laundry on people, especially during media involvement. There will always be a small minority of people out there that are willing to try to hurt somebody, even when they do not know the facts about something.
I am very proud to say that my son served in the Marine Corps. Yes, his enlistment was cut short, but before people jump to conclusions let me explain. I have seen his DD214 (discharge forms), and his characterization of service was Honorable Conditions. My son was released from the Marine Corps for a medical circumstance, something out of his control.
Once a person earns the title of Marine, it doesn't matter whether he only serves one minute, or almost seven months; he will forever be a Marine. Once a Marine, Always a Marine! Obviously, if he had done something bad, he wouldn't have been allowed to join the Colorado Army National Guard.
As for the Julesburg resident that failed to leave a name, I ask you this - You claim that my son is not serving his country; are you trying to say that every soldier that has not been to war yet is not serving their country? How do you define serving your country? By stating a remark such as you did, you have insulted every Armed Forces service member in this country that has not been to war yet.
My son was activated earlier this year to southeastern Colorado to help all of those cattle ranchers in need after the blizzards slammed the state forcing people and livestock to be stranded and hungry. Is that not serving your country? Along with helping people in need during natural disasters, my son also trains each month along side his fellow soldiers preparing for the time that they will be next in line to serve in Iraq, Afghanistan, or wherever they are told to go. Is that not serving your country?
You are fully entitled to your opinion, but don't forget who gives you that freedom. It is brave people such as my son, and every other service member out there willing to put there life on the line and fight so you don’t have to.
In regards to my son being a police officer with a different department in the past that is true. Yes, his employment with that agency didn’t last as he had expected. There were circumstances that pulled him away from his job. During that time period, I had been diagnosed with breast cancer. I underwent surgery of having both breasts removed, and underwent intense radiation therapy treatments. I own a ranch and did not have any help at that time. My son tried to work his job as a police officer, serve his drills each month in the National Guard, and help take care of the ranch on a full time basis. It became too much too handle. He felt he had to make a decision, and the decision he made was family first. He was willing to sacrifice his dream job to help family during a time of need. This should be proof enough of the character that he possesses.
I realize that many of you would see me having a natural bias for my son, and willing to support him through everything. This is true, but even if I wasn’t his mother, I would look at the facts and see his morals and dedication to what he values most in life, and come to the conclusion that he is a very strong and brave young man to do what he does each day.
Charlie

Parker, CO

#20 Jun 23, 2007
When I was in Air Guard I did my 2 days a month on week-ends and my 2 weeks a year obligation on my 2 week vacation. My family and I did not have a real vacation until I started getting 3 weeks vacation from my regular job.
Sedgwick County Citizen

United States

#21 Jun 23, 2007
Thank You, Proud Mother of Carl Adams. He is a fine young man and you have every right to be proud. I'm sorry to hear about your cancer, and I hope and pray things will turn out okay for you and Carl.
Crandall

Sedgwick, CO

#22 Jun 23, 2007
What people fail to understand is only half of the story has been presented. Everyone assumes that Carl is telling the complete truth. For some one to say that veterans have been disgraced is wrong. There are members of the Sheriff's department that are veterans and served thier country. To say that the Sheriff's office is anti military is just wrong and out of line.
Also remember that Carl can say whatever he wants to knowing that the Sheriff has his hands tied as to what he can say about the situation. Do not jump to conclusions until all of the facts are known.
Is this the way you would want law enforcement to conduct and investigation with only one side of an incident. No! People would scream if a case was handled in that fashion, but that is how this is being seen by everyone that saw the story.
Since taking office Sheriff Ewoldt has had a positive effect on the Sheriff's office. To want something as drastic as a recall is a knee jerk reaction by people who have only heard one side of the story.
Wait for all of the facts before making any kind of judgement one way or the other.

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