Uniformed Services Employment and Reemployment Rights Act (USERRA)

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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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    In our August 2010 issue of FMLA Compliance Bulletin, we told you about a case involving the "cat's paw" theory of liability that was going to be decided by the U.S. Supreme Court. The Court has now issued a decision in that case and -- although it involves discrimination under the Uniformed Services Employment and Reemployment Rights Act (USERRA...
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    President Barack Obama has announced combat troop withdrawals from both Iraq and Afghanistan, meaning that National Guard and reserve members who had to leave their jobs for military service will be returning to the workforce in large numbers. Many of these job seekers may be especially eager to file a case under the Uniformed Services...
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    In the late 1600s, French poet Jean de La Fontaine penned the fable "The Monkey and the Cat," which tells the story of a sneaky monkey who convinces an unsuspecting cat to pull chestnuts out of a hot fire for him. The gullible cat snatches the chestnuts one by one, burning his paw in the process. All the while, the unscrupulous monkey gobbles up...
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    Q A sticky situation has come to light - a very hot love affair between one of our high-level married employees and a high-level (also married) employee of a major client. Aside from the awkward moments the relationship is creating, we're afraid that "pillow talk" could lead to dissemination of proprietary information. Can we draft and enforce a...
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    Question: I have an unusual situation under the Uniformed Services Employment and Reemployment Rights Act (USERRA), and I think FMLA might be involved as well. Our company has many employees who are members of the National Guard or one of the military reserves. In fact, I have two employees who recently returned from military leave. The first,...
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    FMLA Manual Reference Chapter Twelve:FMLA's Relationship to Other Laws - USERRA The DOJ appears to be making efforts to back up those words with actions. In 2008, the Civil Rights Division filed a record number of USERRA suits. As of July 2009, it had filed 18 lawsuits and obtained at least 18 settlements since the beginning...
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    There are currently five employee bills in Congress that could significantly expand FMLA and forever alter the way you manage your paid and unpaid leave policies. Given the current pro-labor climate in the White House and Congress, these bills have a good chance of becoming law in 2010. Learn how to prepare for this legislation by participating in...
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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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