Military Leave / USERRA

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).

What rights do employees on military leave have?

04/25/2011

Q. Several of our employees are in the Army Reserve or are on long-term leave due to military deployment. What rules apply?

What is ‘cat’s paw’ liability?

04/25/2011

Q. I’ve been hearing a new term lately: “cat’s paw” liability. What is it, and why should I be worried about it?

Supreme Court backs employee following ‘cat’s paw’ boss bias

03/24/2011

The U.S. Supreme Court has unanimously ruled that an employer may be held liable for employment discrimination under the Uniformed Services Employment and Reemployment Rights Act (USERRA), based on the discriminatory animus of an employee who influenced, but did not make, an ultimate employment decision.

Supreme Court: Check boss bias before disciplining

03/08/2011

The Supreme Court’s latest unanimous employment-law opinion found that two biased supervisors conspired to get HR to fire someone. The lesson is clear: HR must independently check supervisors’ disciplinary recommendations to ensure they have no ulterior motives.

Does USERRA cover part-time employees?

12/09/2010

Q. Are part-time employees covered by the Uniformed Services Employment and Reemployment Rights Act? We have a part-time employee who frequently takes time off for National Guard training and was even called to active duty in Iraq last year. He wanted his job back plus the raise others got while he was gone.

Terminating returning soldier? You need to show cause and prove you gave warning

11/19/2010

Many employers still don’t realize it: If one of your employees is called to active military service that lasts 180 days or more, you can’t summarily terminate that employee once he is back at work. Even if he left as an at-will employee, for one year he can only be discharged for cause.