July 1, the Department of Justice filed a lawsuit on behalf of a U.S. Air Force reservist, against a large employer. The lawsuit alleges that the companies violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) by failing to promptly and properly reemploy the reservist in April 2009, after he returned from military service in support of Operation Enduring Freedom. The complaint also alleges he was unlawfully terminated without cause shortly after he was reemployed.
Employers should be aware that, in general, USERRA requires employers to promptly reemploy returning service members in the positions they would have held had their employment been not interrupted by military service or in a position of like seniority, status and pay. In fact, any individual with this reservist’s length of absence for military service who is reemployed cannot be terminated, except for just cause, within one year after the date of reemployment.
This information should not be construed as “legal advice” for a particular set of facts or circumstances. It is intended only to be a practical guide for participants familiar with this subject. Users should seek appropriate legal advice tailored to address their specific situation.