by Susan M. Webman, Fortney & Scott, LLC
For a number of years, the issue of whether the Uniformed Services Employment and Reemployment Rights Act (USERRA) created a claim for hostile work environment based on membership in the uniformed services, a right not definitively named in the Act, has been raised in the trial courts. While [...]
Posted in DOL, Discrimination and Harassment, Harassment, Military Leave, Military Service, USERRA by: Federal Employment Law Insider
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As we celebrate Veterans Days this week and honor the men and women who have served the United States in military service, it’s a good time for employers to recognize their employees who are citizen-soldiers and are beginning to come home — as well as other employees who continue to join reserve units or the [...]
Posted in Discrimination and Harassment, Employee Leave, FMLA, FMLA Military Leave, Military Leave, USERRA, West Virginia by: West Virginia Employment Law Letter
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The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) provides, at its core, reemployment rights for employees returning from military service and protection from employment discrimination following reemployment. Last month, the U.S. Court of Appeals for the Sixth Circuit clarified that a qualified service member’s reemployment rights can’t be [...]
Posted in Military Service, Tennessee, USERRA, Workplace Discrimination by: Tennessee Employment Law Letter
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The First U.S. Circuit Court of Appeals recently developed a new two-part test for determining discrimination based on military service under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This newly created test may prove problematic for employers. To find out why, read on.
Basic Training for Supervisors: easy-to-read [...]
Posted in Massachusetts, Military Service, USERRA, Workplace Discrimination by: Massachusetts Employment Law Letter
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Q: Our Uniformed Services Employment and Reemployment Rights Act (USERRA) policy is administered differently for employees ordered into military service or leave and those who volunteer for military leave. The policy states that for ordered military leave shorter than 31 days, the company will pay the employee’s normal rate of [...]
Posted in Military Leave, Military Service, Retaliation, South Carolina, USERRA by: South Carolina Employment Law Letter
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