Military Service -- Re-employment Rights

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    The Uniformed Services Employment and Reemployment Rights Act (USERRA) applies to all employers and is enforced by the U.S. Department of Labor and the Veterans Employment and Training Service. USERRA prohibits employers from denying any benefit of employment on the basis of an individual's membership, application for membership, performance of...

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    An employee is called to active military duty, so he leaves his longtime trucking job and heads overseas to serve in Iraq. After serving for five years, he returns to the States, where he expects to get his old job back -- but his employer gave it away. Can the employer do that? The short answer is no, assuming the employee complied with...
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    The U.S. Justice Department recently filed suit against the state of Nevada, alleging the rights of an Army Reserve colonel were violated. The suit claims the employee was refused reinstatement when he returned from mobilization in 2008. Do you know your organization's legal obligations to your soldier employees who are returning to work? Learn...
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    Under Florida law, employees of the state who are veterans are entitled to a promotion preference upon their return from military service. The statute requires that "such person shall be awarded preference in promotion and shall be promoted ahead of all others who are as well qualified or less qualified for the position." Charles...
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    On August 29, 1996, certain changes to the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA), the federal affirmative action law which covers Vietnam veterans and disabled veterans, took effect. Under VEVRAA, contractors with a contract worth $50,000 or more and 50 or more employees are required to prepare and maintain an...
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    The nation's laws protecting the employment rights of people in the United States armed forces and military reserves were significantly expanded approximately two years ago. As a result of those changes, and perhaps as a result of the more frequent use of reserve forces for active service, the number of complaints filed with the...
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    Here are some guidelines for companies that are faced with an investigation by the Office of Federal Contract Compliance Programs (OFCCP). The OFCCP is authorized to: (*) investigate on behalf of an individual who files a complaint under Section 503 of the Rehabilitation Act of 1973; (*) investigate on...
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    Last year, we reported that Congress had passed the Uniformed Services Employment and Re-employment Rights Act (USERRA), which substantially changed an employer's obligations concerning re-employment of veterans. The United States Court of Appeals in New York has now ruled that USERRA has changed the standard used by the courts and...
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    In a related story, the United States House of Representatives has passed amendments to USERRA and the bill, HB 2289, has been sent to the Senate. The amendments make certain technical changes but also extend coverage to temporary employees, extend the time for entitlement to re-employment rights to include preparation and travel...
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    Summary: The United States Court of Appeals for the Second Circuit has ruled that to establish a claim for discharge in violation of the Veterans' Reemployment Rights Act, an employee is not required to prove that his or her military status was the sole reason for the termination. Instead, the employee must show only that military...
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