Workers returning from military service win big in court
July 9, 2009 by Sam NarisiPosted in: Latest News & Views, Leave
Perhaps it’s a sign of the times: Courts aren’t offering much support to companies who aren’t sympathetic to employees returning from military service.
In two recent cases, judges sided with returning veterans who filed suit against their employers under the Uniformed Services Employment and Reemployment Rights Act (USERRA).
In the first case, a National Guard major ran into difficulties after she returned from her second military deployment, when she was greeted with anonymous complaints about her leadership style.
In the second case, the former police chief of an Oregon city was fired when he refused a demotion after he returned from military service.
In both cases, judges decided the claims should go to trial. The key: Both employees proved there was a possibility their military activities had figured in their adverse employment actions.
That’s the lesson in these cases: Appearances count. No matter how fair an employer’s motivation may be, the slightest hint of impropriety can tilt the case the wrong way.
Cite: Reed v. Honeywell
Tags: military leave, userra



August 4th, 2009 at 10:57 am
A company has to conduct massive layoffs, they have decided to conduct these based on seniority. An employee who has little seniority and should be laid off is on military service leave. Can this employee be laid off when he returns from his military service leave?