HR Law 101 Ep. 9: How Does USERRA Apply To Your Company?
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
The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301–4335, prohibits discrimination against members of the U.S. military and imposes various obligations on employers with respect...more
David C. Henderson, a partner in Nutter’s Litigation Department and a member of the firm’s Labor, Employment and Benefits practice group, weighed in on the reemployment rights of employees returning from active duty in the...more
In Ramirez v. State of N.M. Children, Youth and Families Department, filed on April 14, 2016, the New Mexico Supreme Court ruled that a New Mexico National Guard member could assert a claim against the state as the employer...more
On April 8, 2016, the Sixth Circuit Court of Appeals affirmed a judgment in favor of an employer in Hance v. BNSF Railway Company, a failure-to-hire retaliation case brought under the Uniformed Services Employment and...more
The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301–4335, prohibits discrimination against employees and potential employees based on their military service and imposes certain...more
The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301–4335, not only prohibits discrimination against employees and potential employees based on their military service, it also...more
Because of the way the statute is drafted and how courts have interpreted it, employers of current members of the Armed Forces and veterans can sometimes find themselves with unexpected legal exposure under the Uniformed...more
Under the Uniform Services Employment and Reemployment Rights Act (USERRA), employers may not discriminate against employees based on military service. USERRA also affords employees returning from military leave with...more