Military Leave / USERRA

Disabled vet sues Rochester for cops’ refusal to rehire him

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.

Forsyth sheriff defends firing in motorcycle raffle kerfuffle

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.

Honorably discharged and returning to work? Don’t make vets jump through extra hoops

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.

Can USERRA form the basis of a harassment suit?

05/03/2012

A New York federal trial court has sidestepped the question of whether harassment based on military service is illegal under USERRA.

USERRA: Another worry when using independent contractors

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.

Does USERRA require preferential treatment for veterans?

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.

USERRA doesn’t require veteran’s preference

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.

Employ veterans? Understand interplay with the ADA

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.

Cover USERRA, New York law by drafting unequivocal severance releases

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.

Report shows Uncle Sam is biggest USERRA violator

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.