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)