Question: How should a company welcome back a member of the military and say “thank you”...? Let’s try this scenerio: Within a few hours of returning from military training to his job at Target Corp., an employee was demoted. Then, after he complained that the demotion violated the Uniform Service Employment and Reemployment Act (USERRA), Target fired him. He was willing to take a bullet for our country, so how did he end up becoming a target in the workplace? (Patton v. Target Corp. D. Ore. 3/21/07).
The employee’s USERRA claim cited discrimination and “failure to re-employ.” The court let the discrimination claim go to trial, but it tossed out the failure-to-rehire claim, noting that the employee “was re-employeed following the National Guard training for a period of at least one hour on the date of his return.” The court recognized that USERRA includes no clarification as to how long an emplo...(register to read more)