Military Leave / USERRA

Must we rehire returning service members? We have already hired replacement workers

01/12/2012

Q. We have a number of employees who serve in the armed forces. Some have taken multiple leaves in recent years because they were called up for duty in Iraq or Afghanistan. At least one has been gone for years. With the drawdown of troops in Iraq, we expect that several will want to return to our company, but we have had to hire people to replace them. Are we obligated to rehire them even if we don’t have an open position?

The new year means new laws covering veterans hiring, whistle-blowing

12/30/2011

Employers will ring in some new laws in 2012 that will bring new opportunities and challenges, including the VOW to Hire Heroes Act and the Dodd-Frank amendments to the Sarbanes-Oxley Act.

New Year, new laws covering veteran hiring, whistle-blowing

12/02/2011

Employers will ring in some new laws with the New Year, and those laws will bring challenges and opportunities.

When restoring soldiers to equivalent jobs, include any missed raises, promotions

11/07/2011

With more veterans returning from active duty in Iraq, Afghanistan and elsewhere, remember: Under the Uniformed Services Employment and Reemployment Rights Act, service members are entitled to reinstatement as if they never left for deployment.

USERRA: Handling pay, benefits for returning service members

10/31/2011

The end of U.S. military combat operations in Iraq means that more “citizen soldiers” will be returning to the civilian workforce. That makes it critical for HR professionals to understand USERRA, the federal law that protects the employment rights of military reservists and National Guard troops. Here’s a primer.

When service member returns from active duty, reinstate to job that’s truly comparable to old one

10/06/2011

Under USERRA, employees called up to serve our country are entitled to prompt reinstatement. Your obligation is triggered when the returning service member tells you he is ready to return. It’s not enough to place the returning worker in an entry-level position: Returning service members are entitled to reinstatement to the same position or one similar to the job they previously held.

Returning soldiers must follow your policies

09/16/2011

Soldiers who take military leave for active service or training are generally entitled to return to their jobs when they finish their military service. They even have protection from being terminated without cause if they served long enough. But USERRA does not protect employees who fail to follow existing company rules when they return or try to return.

Restore returning soldiers to equivalent jobs

09/13/2011

With more veterans returning from active duty service in Iraq, Afghanistan and elsewhere, employers are facing more reemployment claims. Under USERRA, service members are entitled to reinstatement as if they never left for deployment. That right includes seniority and allowance for promotions that would have occurred if they had not been deployed.

When terminating a veteran, can we ask her to sign a waiver of employment claims?

08/23/2011

Q. Can we rely on a release of all employment claims when terminating a military service member or veteran?

Court: Veterans can’t sue for bias under Title VII or Florida Civil Rights Act

07/13/2011

The 11th Circuit Court of Appeals has refused to recognize veterans as a protected class under either Title VII of the federal Civil Rights Act or under the Florida Civil Rights Act. That means claims based on military service must generally be brought under the Uniformed Services Employment and Reemployment Rights Act (USERRA).