I am in the Navy reserve and I probably will have a 3 months military training starting January 2023. My full time job at vmware is at one of the G&A/back office/non-engineer teams.
Once the acquisition is completed but I am on active order of the military training, can bcom/vmw fire/layoff me if it's a mass layoff?
They probably cannot fire just me when I am on active order, but I am not sure if it's a mass layoff.
They can fire you upon return - as they are clearly not firing you for going on military leave when thousands of people will be fired. If a company only fired one person returning from military leave, it would look suspicious. In this case, they can prove they didn’t fire you because of the leave.
You cannot be fired while you are in approved leave for active military service, but there is nothing that prevent the company to fire you when you return, even the same day, if your position has been identified for removal.