USERRA IN TODAY'S WORKPLACE
USERRA IN TODAY'S WORKPLACE
The Uniformed Services Employment and Reemployment Rights Act of 1994 applies to all public and private employers, regardless of the number of employees. Members of the uniformed services who are temporarily away from their jobs due to voluntary or involuntary service are covered (temporary employees are not covered). Returning service members are entitled to job protection and there is an escalator provision for pay and benefits.
A recent story by CBS's 60 Minutes demonstrates how returning service members can have their USERRA rights taken away. Joanne Merritt, a nurse and Army Reservist, was deployed for 2 years to care for wounded soldiers. Upon her return, she was advised that she had been away too long and she no longer had a job. Her employer: the VA Medical Center in Augusta, Ga.. After filing a complaint with the VA, her job was restored together with back pay and leave.
Practice Pointer. There are numerous complaints and lawsuits being filed on a regular basis as the result of alleged violations of USERRA by servicemembers returning from duty. It can be costly to an employer to have one of these suits filed against it, not only financially, but also as to the time it takes to investigate and defend these suits. The potential for negative publicity is something to be considered: no employer wants to be mentioned in the local newspaper, TV station or in a 60 Minutes story in a negative manner.
