Military Leave / USERRA

Feel free to scale back leave, pay policies that exceed USERRA requirements

07/20/2009

Members of the armed services are protected from discrimination and have re-employment and leave rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA). But the law doesn’t require employers to indefinitely continue what amount to voluntary special privileges for service members.

Warn managers and supervisors: No negative talk about military service

06/12/2009

Here’s a good way to avoid litigation: Warn all your supervisors and managers that bad-mouthing an employee’s military service can spell trouble. That’s because any disciplinary action following such talk could be viewed as evidence military service was a factor in the decision.

Firing Guard or Reserve member? Better show you would have taken action despite service

05/13/2009

Members of the military have greater on-the-job protection than many other employees—including the right to return to their former jobs following a period of active-duty service. They also have the right not to be terminated or otherwise punished for being part of the armed services and taking military leave.

Offer employees on military duty same chances for promotion other employees have

05/11/2009

Employees who are serving the country on active military duty may miss a chance to participate in important tests that qualify them for promotions. If they miss those tests, they could also miss out on opportunities for promotions for years to come. And that may violate USERRA.

The 10 Employment Laws Every Manager Should Know

04/28/2009

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USERRA protects those who left military years ago, too

04/20/2009

Employers that use an employee’s long-ago military service against him may be liable under the Uniformed Services Employment and Reemployment Rights Act. USERRA isn’t just for those who served in Iraq and Afghanistan.

Returning soldier wins $118,000 in USERRA case

04/20/2009

When Stephen Alasin returned from duty in Iraq, he expected to go back to his former job at Ecolab. When the company failed to rehire him, he filed a complaint … Ecolab agreed to enter into a settlement agreement that will pay Alasin $88,000 in back pay and $30,000 in damages.

Senate begins confirming Obama’s HR-related Cabinet nominees

01/21/2009

Expect swift confirmation of President Obama’s nominees to head the U.S. Departments of Homeland Security, Labor and Justice. And expect the Obama administration to take a far harder line than the Bush administration did against organizations that break employment-related laws.

DOL issues new FMLA poster: Get your free copy here

01/08/2009

The U.S. Department of Labor has issued a new FMLA poster to go along with the new FMLA rules that will take effect Jan. 16. Don’t waste budget dollars buying new posters from HR vendors. You can download the official version for free right here.

Justice Department sues judge, courts for USERRA violations

12/31/2008

The U.S. Department of Justice has filed a lawsuit accusing the North Carolina Administrative Office of the Courts and N.C. Superior Court Judge Jerry Braswell of violating former Magistrate James Myles’ rights under USERRA.