These days, it’s pretty common for employers to lose employees temporarily because they have been called to military service. That can be disruptive—just as it can when the service member returns, looking to get back his old job.
Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employees called up to serve our country are entitled to prompt reinstatement. Your obligation is triggered when the returning service member tells you he is ready to return.
It’s not enough to place the returning worker in an entry-level position. USERRA contains a provision that says returning service members are entitled to reinstatement to the same position or one similar to the job they previously held, taking into account any promotions or other benefits they would have earned had their employment not been interrupted.
As the following case shows, that may include commission earnings, which must be based on the c...(register to read more)