Under USERRA, right to reinstatement in former position not absolute

The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides employee members of the military services the right to reinstatement in the same position they left when they went on active duty. Problems can arise for employers, however, when changes in the workplace affect a servicemember’s job. A recent decision by the U.S. 8th Circuit Court of Appeals (which covers Arkansas employers) provides guidance on employees’ obligations and servicemember employees’ rights.

Facts

Union Pacific Railroad employed Rodolfo Quiles as general manager of safety analysis and paid him as a “D-band” employee. With “A-band” being the lowest pay, his compensation was just below the railroad’s “E-band” executive-compensation level.

As general manager, Quiles reported directly to Union Pacific’s assistant vice president of safety Rodney Doerr, an executive. At the same time, he served in the U.S. Marine Corps Reserve. He left his job at the railroad for voluntary deployment with the corps in May 2015.

During Quiles’ deployment, Union Pacific underwent a reduction in force (RIF), which eliminated all general manager titles and reclassified many of them as directors. The railroad chose Greg Workman to lead the safety department. He had a previous working relationship with Edward Adelman, whom he hired to join the department. Adelman was hired to serve as the general director of safety analysis, and he became the person who reported directly to Doerr, who remained an E-band employee.