Employers continue to get marched into court for violating service members’ re-employment rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA). Managers on the front lines should be aware of the law and these common pitfalls:
Failing to re-employ
USERRA provides that an employer must promptly re-employ an employee when he or she returns from a period of service, provided the employee meets the law's eligibility requirements.
Mistake: Hiring a replacement is no excuse for refusing or failing to re-employ a returning service member. If the replacement is doing a good job and you want to retain him, either find him a new job or find the service member a comparable position.
For purposes of USERRA, “prompt” re-employment means as soon as practicable under the circumstances of each case. Absent unusual circumstances, re-employment must occur within two weeks of the e...(register to read more)