Protect Service Members’ Reemployment Rights — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Protect Service Members’ Reemployment Rights

Get PDF file

by on
in Human Resources

Armed Forces Day, which is celebrated on the third Saturday of May, honors Americans serving in the U.S. military.  One of the best ways employers can honor these men and women is to ensure your organization's actions are in lockstep with the Uniformed Services Employment and Reemployment Rights Act (USERRA).  Watch out for these bumps on the reinstatement road.


Bump #1: Failing to reemploy. USERRA provides that an employer must promptly reemploy an employee when they return from a period of service, provided the employee meets the Act's eligibility requirements.  Hiring a replacement is no excuse for refusing or failing to reemploy a returning service member.  (Eckhardt v. Stimson Lumber Co., D.C. OR, No. CV-09-256, 2009)  If the replacement is do­ing a good job and you want to retain them, either find them a new job or find the service member a comparable position.


Bump #2: Delaying reemployment. For purpos...(register to read more)

To read the rest of this article you must first register with your email address.

Email Address:

Leave a Comment


Previous post:

Next post: