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Basic training: Protect service members’ re-employment rights

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in Centerpiece,Employment Law,Human Resources

USERRA violations on the riseEmployers 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.

Delaying re-employment

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)

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