05/01/2013
Employees who serve in the military are entitled to return to their jobs after their active duty ends and otherwise receive special consideration for service. But those rights have limits.
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01/11/2013
Generally, members of the military released from active duty service are entitled to return to their former jobs. But what happens if bad economic times force a layoff before the employee returns to work? Is he exempt from the cuts?
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11/30/2012
The U.S. Department of Justice has filed suit against the Warren County Board of Education, claiming it violated the USERRA when it refused to reinstate an assistant principal, a 20-year veteran of the Army Reserve who had been called to active-duty service in Kuwait and Afghanistan.
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11/13/2012
Q. One of our employees was on military leave for six months. He will be reinstated at the same pay and position. While he was gone, all employees in his department received a 4% pay raise in recognition for their hard work in the past year. Must we pay him that raise?
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09/17/2012
A former Rochester Police Department officer and Army veteran is suing the city, alleging it broke the law when it refused to rehire him after he finished two tours of combat duty in Iraq.
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08/28/2012
Forsyth County Sheriff Bill Schatzman has denied any wrongdoing in the firing of Sgt. Michael T. Russell, an Iraq War veteran. Schatzman claims he fired Russell for “disloyalty.” Russell calls it retaliation.
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08/07/2012
If an employee who is also in the military is called to active duty, is released with an honorable discharge and asks to return to his old job, you cannot place any extraneous conditions on his return.
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05/03/2012
A New York federal trial court has sidestepped the question of whether harassment based on military service is illegal under USERRA.
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05/03/2012
Under the Uniformed Services Employment and Reemployment Rights Act, employees called to active military service are entitled to return to their jobs. That’s not true of independent contractors. But they must really be independent contractors.
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04/24/2012
For years, employers have struggled with how to re-employ soldiers whose military duties have required them to be absent from work. The key question: Does the Uniformed Services Employment and Reemployment Rights Act (USERRA) make it mandatory to give rehiring preference to returning vets? Finally, courts have begun to bring clarity to the law.
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04/12/2012
USERRA is not a veteran’s preference law. It merely guarantees that service members can return to work no better or worse off than if they never left.
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04/04/2012
Do veterans returning from war with post-traumatic stress disorder (PTSD) qualify as “disabled” under the ADA and, thus, are due accommodations? Questions like that are answered in a new EEOC guidance document.
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04/03/2012
Don’t worry that releases you ask employees to sign in exchange for severance pay aren’t broad enough to cover claims under USERRA or the New York Military Law. As long as the release is clear and unequivocal about what’s being waived, it doesn’t have to specifically reference the laws.
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03/09/2012
It’s do as we say, not as we do when it comes to complying with the Uniformed Services Employment and Reemployment Rights Act (USERRA). A Washington Post investigation found that federal government agencies account for 18% of all USERRA complaints filed by returning service members.
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02/15/2012
Q. How does the recent amendment to the Uniformed Services Employment and Reemployment Rights Act (USERRA) affect employers?
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