Employees who are called to active military service have certain job protections, including the right to return to their old or similar jobs. But those rights have limits. The law doesn’t require reinstating a veteran to her old job at the same facility where she worked before if the employer no longer has jobs there.
Recent case: Reservist Pamela Reynolds worked for Progressive Rehabilitation Associates, which had a contract to provide physical therapy services at a retirement community. Then she was called to active military duty and granted.
While she was away, the nursing home terminated the contract it had with Progressive and hired another firm. Then Reynolds returned and demanded that the new company reinstate her.
The court said she had no right since the new company wasn’t related in any way to the old one. She could, however, ask for reinstatement at a different location. (Reynolds v. Rehab Care, No. 09-1144, 8th Cir., 2010)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- What is 'cat's paw' liability?
- Does the FMLA apply when an employee has to care for a child she isn't related to?
- Personnel records: Your guide to ADA and FMLA medical confidentiality
- Don't use second opinion to reject FMLA leave--request a 'tiebreaker' opinion