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Military Leave / USERRA

Anti-military bias is self-inflicted wound

Warn all your supervisors: Discriminating against employees because of their military service is against the law. That means no one in a position of power may make negative comments about employees who must participate in military training sessions as part of their reserve duties.

Court discovers deception, tosses out previous decision

Here’s a rare case in which a court reversed a ruling that favored an employee because he had deceived his former employer.

USERRA requires reinstatement, with benefits

A long-running case shows the legal trouble that can ensue when an employee alleges USERRA violations.

Dollar General discounted employee’s USERRA reinstatement rights, now may have to pay

USERRA allows returning service members to request reinstatement by any means, and employers can’t restrict how they ask.

EEOC pursues service-related harassment

The EEOC is putting employers on notice that it will vigorously enforce the rights of employees who serve in the National Guard or military reserves or who are veterans.

Master compliance challenges that follow natural disasters

Unless planned and executed properly, employers’ emergency procedures may run afoul of many federal, state and local employment laws.

Minnesota state agencies and universities are now subject to USERRA claims

A Minnesota appeals court has reinstated a Uniformed Services Employment and Reemployment Rights Act claim against a state university.

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

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.

Appeals court ruling: USERRA claims can go to arbitration

The 9th Circuit Court of Appeals has ruled that service members in the armed forces seeking to enforce the Uniformed Services Employment and Reemployment Rights Act can be compelled to arbitrate rather than litigate in federal court if they signed an arbitration agreement.

Reserve duty is protected even if it’s inconvenient

Employees who are military reservists can be called to active duty for weeks, months or even year-long deployments. But punishing that soldier for the inconvenience can be costly.