Is the returning servicemember entitled to bonuses? A recurring issue raised by returning servicemembers and their employers is whether a returning servicemember is entitled to a bonus missed because of the employee’s military service. The answer is, “it depends.” Initial Considerations As many employers know, USERRA is considered “the floor,” …
How are servicemember pension and retirement plans determined? USERRA has specific requirements regarding employer-provided pension and retirement plans. Plan administrators cannot impose any break in employment nor forfeiture of benefits already accrued by the servicemember. The military service, including time-off taken prior to and after that service, must be considered …
When can’t employers deduct pay for short-term uniformed service? A hallmark of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is that the servicemember is entitled to an “unpaid” leave of absence from their employment while serving in the military. Generally, the servicemember is not entitled to …
Violating the Uniformed Services Employment and Reemployment Rights Act can cause serious side effects. Once again, the Department of Justice (DOJ) has shown its willingness to pursue Uniformed Services Employment and Reemployment Rights Act (USERRA) violation claims against civilian employers who try to shirk their responsibilities to our reserve component …
The Uniformed Services Employment Reemployment Rights Act of 1994 (“USERRA”) contains many pitfalls for unwary employers. It also imposes significant penalties upon those who willfully ignore it and refuse to understand the obligations it imposes upon employers and the benefits it guarantees to employees who are called to military service. …
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”) …
Since the Uniformed Services Employment and Reemployment Rights Act (USERRA) was enacted in 1994, plaintiff servicemembers have tried to incorporate the “hostile work environment” concept used in other federal employment laws in claims involving discriminatory conduct by employers at least partially motivated by the employee’s uniformed service. This concept allows …
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 …
Yesterday I presented a CLE on USERRA cosponsored by the Military & Veterans Affairs section of the Minnesota State Bar Association and the Minnesota Committee of the DoD Employer Support of Guard and Reserve (ESGR) program. I apologize to the attendees for the fast pace of the presentation, but the topic …
Did you know? The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) contains much broader disability provisions than the Americans with Disabilities Act (ADA). First, USERRA applies to virtually ALL employers, regardless of size. Therefore, when reemploying a servicemember the employer should be aware that reasonable accommodations may …
Do you know what the “escalator” principle is for a servicemember returning from a lengthy deployment? What do employers need to know about reemploying a servicemember with a disability? To learn more about these and other issues, you’ll want to attend the CLE I’m presenting on November 7, 2013. As …