Employees Have Low Burden Of Proof In Military Leave Claims — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Employees Have Low Burden Of Proof In Military Leave Claims

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To establish a prima facie claim under the Uniformed Services Employment and Reemployment Rights Act (USERRA), an employee only needs to show that their military status was a motivating factor in an adverse employment decision; their military status does not have to be the sole cause. A low employee burden of proof makes it more difficult to defend against a USERRA claim, but it is not impossible.


Case in point: An employee claimed that he was discriminated against and harassed based on his National Guard membership and that he was ultimately terminated because of his National Guard obligations.


Both a district and an appeals court dismissed his claims. Said the 11th Circuit: The employee presented no direct or circumstantial evidence that the employer "relied on, took into account, or conditioned its decision" to fire him based on his military service. He believed he was fired due to his Guard obligations becaus...(register to read more)

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