Waning support for the Iraq war may be making some employers less enthusiastic about following the law guaranteeing reemployment to soldiers returning from military service.
In 2006, 113 Georgia reservists sought mediation through the Georgia Guard’s employment support agency, and 27 filed complaints with the Georgia Department of Labor.
The Uniformed Services Employment and Reemployment Rights Act, or USERRA, guarantees the right of deployed soldiers to return to the same or similar jobs following their service. USERRA also protects employees from termination based on events occurring while they are deployed.
One soldier from the Georgia Army National Guard’s 48th Infantry Brigade got the boot from Pfizer Pharmaceuticals after returning from Iraq last May. He was terminated in a 20 percent work force reduction based in part on sales records from the prior three years—19 months of which he had spent overseas.
No lawsuits yet. But recall that wherever there’s a class, there’s a potential class action.
Tip: USERRA doesn’t play politics. In addition to the right to return to the same or an equivalent position, the law grants returning reservists specific protection of their health and pension benefits. Beyond USERRA regulations, courts have viewed returning reservists very favorably. No matter how unpopular the war, returning reservists have the law on their side.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/2335/fading-support-for-the-war-may-lead-to-more-userra-claims "
- Transfer isn't reasonable accommodation if it violates another employee's labor rights
- Phrase job offers carefully to avoid confusion, disputes
- Beware! Even small penalty can be retaliation
- Is there anything that prevents us from reducing our employees' hours?
- Camera phones at work: Shoot down this latest legal threat