Archive for the 'USERRA' Category

USERRA Now Forbids Workplaces Hostile to the Military

April 5, 2012 at 9:00 pm by: Federal Employment Law Insider

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 [...]

USERRA: Do the Right Thing for the Right Reasons for Employees in the Military

November 13, 2009 at 11:57 am by: West Virginia Employment Law Letter

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 [...]

Former National Guardsman Prevails on Reemployment Claims Against Employer

November 7, 2008 at 8:02 am by: Tennessee Employment Law Letter

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 [...]

Employers Bear Brunt of Proof in USERRA Cases

July 27, 2007 at 12:48 pm by: Massachusetts Employment Law Letter

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 [...]

Can Employers Apply USERRA Differently for Workers Who Volunteer for Service?

May 25, 2007 at 12:50 pm by: South Carolina Employment Law Letter

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 [...]