Reemployment Rights of Returning Vets: What You Need to Know

Basically, you must reemploy a service member returning from military duty if he or she meets five criteria: The employee must have held a civilian job He or she must have given you proper notice of the impending military service, unless notice was unreasonable or impossible The cumulative period of service must not have exceeded […]

Office of Special Counsel Aims at Fed Agencies with USERRA Project

A new project adds another layer of bureaucratic oversight about which federal employers should be aware when dealing with employees exercising their rights to job protection under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The U.S. Office of Special Counsel has begun a three-year demonstration project expanding its role in enforcing military servicemember […]

Supreme Court Issues Employee-Friendly Decision in USERRA Case

Today, in Staub v. Proctor Hospital, the U.S. Supreme Court unanimously held that an employer may be liable under the Uniformed Services Employment and Reemployment Rights Act (USERRA) when the discriminatory actions of an employee who doesn’t make employment decisions influence the employment decisionmaker. More specifically, the Court noted, “if a supervisor performs an act […]

USERRA: Do the Right Thing for the Right Reasons for Employees in the Military

As we celebrate Veterans Days this week and honor the men and women who have served the United States in military service, it’s a good time for employers to recognize their employees who are citizen-soldiers and are beginning to come home — as well as other employees who continue to join reserve units or the […]

Former National Guardsman Prevails on Reemployment Claims Against Employer

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) provides, at its core, reemployment rights for employees returning from military service and protection from employment discrimination following reemployment. Last month, the U.S. Court of Appeals for the Sixth Circuit clarified that a qualified service member’s reemployment rights can’t be delayed or otherwise limited […]

Releases: Military Leave Claims Not Released by Severance Agreement Provision

Brian Perez, a captain in the U.S. Marine Corps Reserves, was terminated the day he returned to work at Uline, Inc., in Orange County, following a one-week military leave. Uline presented Perez with a severance agreement, which stated that Perez would receive six weeks’ salary in exchange for releasing the company from all claims, including […]

Employers Bear Brunt of Proof in USERRA Cases

The First U.S. Circuit Court of Appeals recently developed a new two-part test for determining discrimination based on military service under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This newly created test may prove problematic for employers. To find out why, read on. Basic Training for Supervisors: easy-to-read guides to avoid legal hazards, […]

Can Employers Apply USERRA Differently for Workers Who Volunteer for Service?

Q: Our Uniformed Services Employment and Reemployment Rights Act (USERRA) policy is administered differently for employees ordered into military service or leave and those who volunteer for military leave. The policy states that for ordered military leave shorter than 31 days, the company will pay the employee’s normal rate of pay. For voluntary military leaves, […]