As the wars in Iraq and Afghanistan continue, so do employees who are members of the National Guard and military Reserve continue to be called up for active military duty. The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) grants such service members re-employment rights when they notify their employers of their intent to return to work after being released from active duty.
What USERRA requires
Generally, the USERRA requires employers to reinstate an employee who has been on active duty for 90 days or less to the employee’s former position—returning to work just as he or she would have been if not for the active-duty stint. If an employee was on active duty for more than 90 days, the employer must re-employ the employee in the former position or in a position of like seniority, status and pay.
But what happens when an employer finds that its business needs have changed while the employee was ...(register to read more)