In this time of extraordinary economic upheaval and record-high unemployment due to COVID-19 quarantining and shutdowns, employers are implementing employment policies, layoffs, and terminations without fully understanding the rights of their servicemember employees or what they need to do to maintain compliance with the Uniformed Services Employment and Reemployment Rights …
For those who have not dealt with the Minnesota Department of Employment and Economic Development (MN DEED), you would be proud to know that our tax dollars are well spent on these knowledgeable and professional public servants. Over the years Minnesota ESGR has worked hand-in-hand with MN DEED, and partnered …
Introduction: The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is the latest in a series of laws that have protected servicemembers’ reemployment rights and from discrimination based upon their uniformed service. USERRA is specifically designed to encourage “noncareer” service in the uniformed services, to minimize disruptions in …
Every year some 180,000 individuals enlist in the armed services, and another 20,000 seek commissions as officers. Typically, many of these individuals will not immediately leave for active duty but will instead be admitted into the Delayed Entry Program (a/k/a “Delayed Enlistment Program,” “Delayed Training Program,” or “Future Soldier Program”) …
To educate and inform servicemembers and their civilian employers, I prepared a summary of the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) for a Continuing Legal Education course I presented on November 3, 2016. You can download this article HERE. My PowerPoint presentation is HERE and a …
How much time do you have to provide your employee before and after military service? As mentioned in my previous post, I recently had the honor of presenting USERRA briefings to servicemembers from the local Reserve units of the Marines, Navy and Air Force. Another issue that was of concern …
Are you giving them your “best“? Servicemembers are entitled to the Employer’s “most-favorable leave-of-absence policy” At all three USERRA briefings I conducted last weekend for servicemembers in local reserve units of the Marines, Navy and Air Force, the same potential Uniformed Services Employment and Reemployment Rights Act (“USERRA”) violation was …
On Monday, March 24, the Department of Justice (DOJ) Civil Rights Division commenced an enforcement action against an employer based upon its reemployment of a servicemember who returned from deployment with a service-related temporary disability. Initially the employer properly reemployed the servicemember in a temporary position given the limitations …