Does USERRA apply to contract workers?


The Uniformed Services Employment and Reemployment Rights Act prevents employers from discharging returning service members for anything except “cause” for a year after their return. But what if the service member is working under an employment contract? What if that agreement has a termination clause built in? Does USERRA prevent the employer for exercising that contractual term?

A tale of two employers, two female soldiers

Honoring members of the military is about more than thanking them for their service. Consider, for example, how two companies recently treated citizen soldiers in their employ—one well, the other allegedly not so well.

When hiring, never consider or mention military reserve obligations


Federal law protects applicants who belong to the military reserves from discrimination based on their service, and considering their military obligations when making hiring decisions is illegal. If anyone involved in hiring ex­­presses reluctance to hire a candidate because of his or her service, expect legal trouble. Make absolutely sure you had valid reasons for picking other candidates.

Which laws cover military leave?

Q. Some of the employees at my construction company are members of the military and scheduled for active duty in the near future. What laws and regulations apply to me and my employees who are in the military?

COBRA: Employer Obligations


HR Law 101: Under the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985, employers are required to continue offering health insurance benefits to employees and their covered dependents for a specified period after they leave the organization ...

Be prepared to justify military employee's discharge


USERRA provides job protection for military-connected employees once they re­­turn from extended military service. Employers shouldn’t fire covered workers without good cause and solid reasons. Be prepared to show you would have taken the same action whether the employee served or not.

Continue benefits status during military leave

Always count military leave as time worked. Simply pretend the worker is present and earning leave and other benefits. That principle applies to both your attendance policies and your FMLA practices.

Prepare to justify any adverse employment action affecting members of the military

Members of the military who are called to active duty service have rights while deployed. Employers must be prepared to defend any decision that adversely affects the deployed employee.

What employment protections do military reservists and veterans enjoy?

Q. Are active duty military and veterans considered a protected class?

USERRA: Beware any reference to military service when justifying discipline

USERRA makes it illegal to discriminate against those who serve. Counting the time off required for reserve personnel to train violates USERRA. Make sure you don’t count it.



HR Law 101: USERRA requires employers to re-employ persons returning from duty in the uniformed services if they meet five cirtieria. Employers must provide to service members a notice of their rights, benefits and obligations ...

FMLA: Military Family Leave


HR Law 101: The National Defense Authorization Act of 2008 granted new leave rights to family members of men and women who serve in the military. Because the NDAA amended the FMLA, the changes apply only to employers with 50 or more employees.

Warren County schools agree to settle USERRA suit

The Warren County Board of Edu­­ca­­tion has settled a USERRA complaint with the U.S. Department of Justice. The case involved an assistant principal at Warren County High School who is also a sergeant in the Army Reserve.

Consult lawyer before firing returning service member

Members of the armed forces are protected from discharge for being called to duty. That includes those who must take short training leaves. Once released from brief active-duty periods, they must get their jobs back. Firing a returning service member without a solid reason may spark a lawsuit.

Safeguard veterans' employment rights under USERRA

With Veterans Day observations on Nov. 11, it’s a good time to review employer obligations under the Uni­­formed Services Employment and Re­­employ­­ment Rights Act (USERRA).
1 2 3 4 ..........9 10 Next