News & Analysis as of

Reinstatement Uniformed Services Employment and Reemployment Rights Act

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says USERRA Requires Reinstatement to Equivalent but Not Identical Position

The Uniformed Services Employment and Reemployment Rights Act (USERRA) contains some of the most expansive employee rights provisions under federal law, requiring employers not only to reinstate service members to their...more

Bradley Arant Boult Cummings LLP

Don’t Dawdle in USERRA’s World: Fourth Circuit Affirms USERRA Violation for Delayed Reemployment

How long do you have to reinstate an employee following military leave? In Harwood v. American Airlines, the Fourth Circuit found that a delay of six or eight weeks was too long. The Uniformed Services Employment and...more

BCLP

Avoiding State Law Pitfalls (Part 2 of 4)

BCLP on

This is the second hypothetical in our series showing how well-intentioned employers can violate unfamiliar state laws. Scenario #2 - A manager of a Chicago, Illinois restaurant calls you regarding a long-term employee...more

Sherman & Howard L.L.C.

Don’t Forget Your Employees On Leave

Do you have an employee on long-term leave with a right to reinstatement? Is your business being acquired or bought out? Make sure you keep the employee in mind!...more

Fenwick & West LLP

Returning military reservist allowed to invoke USERRA “escalator principle” for failure to reinstate into higher-level job

Fenwick & West LLP on

The federal First Circuit Court of Appeals in Rivera-Melendez v. Pfizer considered a returning veteran’s claim that Pfizer violated the “escalator principle” that is a unique element of the federal Uniformed Services...more

Fenwick & West LLP

Fenwick Employment Brief - November 2013

Fenwick & West LLP on

Flurry of New California Employment Statutes Continues - The California Legislature passed and Governor Brown approved the following new statutes impacting California employment law that shortly take effect in 2014....more

Littler

Eighth Circuit Rules that Termination of Employment Can Be a Proper Reinstatement Under the Uniformed Services Employment and...

Littler on

In Milhauser v. Minco Products, 2012 U.S. App. LEXIS 24938 (8th Cir. Dec. 5, 2012), the U.S. Court of Appeals for the Eighth Circuit ruled that reinstatement under the Uniformed Services Employment and Reemployment Rights Act...more

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