Q. Are part-time employees covered by the Uniformed Services Employment and Reemployment Rights Act (USERRA)? We have a part-time employee who frequently takes time off for National Guard training and was even called to active duty in Iraq last year. He wanted his job back plus the raise others got while he was gone.
A. USERRA protects the job rights of employees who leave their employment to perform military service and prohibits employers from discriminating against employees based on military service. An employer may not deny initial employment, re-employment, retention in employment, promotion or any benefit of employment to a person because of a past, present or future service obligation.
USERRA covers part-time employees as well as probationary employees.
You should have handled the returning employee the same way you handled other soldiers, sailors, Marines and airmen.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- New overtime rules may trigger more off-the-clock work: 5 ways to stop it
- Internal complaint not enough: Whistle-blowers must file report with police
- Track pay raises as defense to retaliation claims
- No way to accommodate? Then you don't have to