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Military Leave / USERRA

DOJ files USERRA complaint against Warren County schools

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.

After military leave, is employee due merit raise?

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?

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.