Military Leave / USERRA

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.

RIF might affect employees serving in military? Don’t hold missed training against them

11/11/2010

Watch out if you’re contemplating a layoff that could involve employees who have recently returned from active duty in the armed forces. If those employees missed any training, and you plan to use training as one of the criteria for deciding which employees to retain, you run the risk of violating USERRA.

Collect ample evidence of wrongdoing before firing military vet covered by USERRA

10/15/2010

USERRA provides returning soldiers, sailors and other service personnel with additional employment rights that other employees don’t always enjoy. One of those is the right to remain employed unless fired for just cause. In effect, USERRA temporarily turns what were once at-will employees into employees with job protection.

How will the new Illinois Family Military Leave Act amendment affect us?

10/12/2010

Q. How does the recent amendment to the Illinois Family Military Leave Act affect employers?

Do you have employees covered by USERRA? Warning: You could be personally liable for bias

08/27/2010

Managers, supervisors and HR professionals, beware: Courts are cracking down on employers that punish employees who serve in the military. One way is by clarifying that those who participate in hiring and firing decisions may be held personally liable for violating USERRA.

Military leave starts Tuesday: Pay for full week?

08/18/2010

Q. One of our exempt employees is in the Reserve. He is going on a two-week training session that starts on a Tuesday. That means he will work on Monday, the start of our week. Do we have to pay him for the whole week when he is only going to be here Monday?

6th Circuit: Vets can waive USERRA rights

07/08/2010

Until now, it wasn’t clear whether employers could ask employees returning from military service to waive their re-employment rights under USERRA. Now a ruling from the federal 6th Circuit Court of Appeals has offered guidance for employers that want to provide severance payments in lieu of re-employment.

How should we handle pay for employee who will be out two weeks on National Guard duty?

06/09/2010

Q. One of our full-time employees has just informed us that he will be on two weeks of National Guard duty soon. He will be absent from work to attend an annual encampment in a reserve branch of the armed forces. What are our legal obligations concerning pay to this employee?

Can we refuse to hire member of National Guard because she lacks weekend scheduling flexibility?

05/14/2010

Q. Can we refuse to hire a qualified applicant who has told us her National Guard duty conflicts with some of the weekends she would be required to work? Employees in this job bid for rotating scheduled weekends under a union contract seniority system. The applicant’s schedule for Guard duty is not flexible.