Military Leave / USERRA

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).

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.