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ATE: How Do We Handle Probationary Employee Called to Active Duty?
My question regards a probationary employee called to active duty. We have an employee who is serving a 9-month probationary period who was called to active duty for 2 years. By law, do we have to make...
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National Guardsman Gets Second Chance After Termination Following Deployment
by Barbara J. Koenig, Foster, Rieder & Jackson, P.C. As you know, the Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal statute that protects the employment rights and...
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Coordinating FMLA with USERRA
In this article series, we’ll focus on the intersection of the Family and Medical Leave Act (FMLA) and how it affects many other laws, including the Americans with Disabilities Act (ADA), workers’...
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Train Managers to Avoid Retaliation
Complain about me to EEOC? I don’t think so. No raise for her. Sound like any of your managers? Retaliation is the dumbest thing managers and supervisors do. Source: AndreyPopov / iStock / Getty Images...
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Was Reservist Discriminated Against Due to the Possibility of Deployment?
Shortly after a military reservist informed his supervisor about a possible and impending deployment, he was punished and fired. He claims it was discrimination. Source: flySnow / iStock / Getty Images...
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Fedex Miscalculated Pension Benefits for Employee Who Took Military Leave
The 6th Circuit—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard a claim by an employee who alleged that his pension credits were improperly calculated and did not give him...
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Giving the Boot to Kickboxer Violated USERRA
As a recent appellate decision demonstrates, the scope of protection afforded to servicemembers and veterans under the Uniformed Services Employment and Reemployment Rights Act (USERRA) is broad....
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National Guard Called to D.C. for Inauguration—Where Does That Leave Employers?
As of Friday, January 15, Army Secretary Ryan McCarthy had authorized up to 21,000 National Guard troops from around the country to assist law enforcement with security related to today’s inauguration...
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Treat Employees on Military Leave Similarly to Those Taking Comparable Types...
For those of you needing a good refresher on your obligations to employees who take leave to serve in the armed forces, the U.S. 7th Circuit Court of Appeals recently decided a case highlighting...
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United Airlines Pilot’s Sick Leave Claim Ruled Infirm
Employees summoned to military service receive certain job protections under a federal law known as the Uniformed Services Employment and Reemployment Rights Act (USERRA). The law requires employers...
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