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Military-connected employees? It’s your duty to understand USERRA obligations

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in Employment Law,Human Resources

If you have employees on staff who are members of the National Guard or military reserves, you know that they regularly have to report for weekend and summer training and can be called to active duty. You have a duty, too: To understand the requirements of the Uniformed Services Employment and Reemployment Rights Act.

Especially important are USERRA’s provisions that govern the timing of military-connected employees’ return to work and that prohibit penalizing employees for their military service when you make employment decisions.

Importantly, USERRA extends workplace protection to those who return to work after active duty. Essentially under USERRA, those employees are no longer at-will employees; you may only terminate them for cause.

Recent case: Jose worked for a staffing company as an unskilled laborer who was assigned to various companies as needed. He was also a member of the Army Reserve. All went well for about six...(register to read more)

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