A FAIRFAX, VA BUSINESS LITIGATION ATTORNEY DISCUSSES AN EMPLOYER’S REQUIREMENTS TO REHIRE RETURNING MILITARY VETERANS
Fairfax, VA is an area that’s heavily populated with military families. As many of the men and women who have served overseas are ending their terms of service, they will be seeking employment in and around Northern, VA. In some cases, reservists left their jobs when they were called up and are expecting to get the same positions back upon their return. For some of our clients, this places them in a difficult position. It’s unrealistic to hold a position open of years, and once the job is filled there is no longer a labor need for the returning serviceman or servicewoman. Most managers are familiar with the Uniformed Services Employment and Reemployment Rights Act of 1994, which requires employers (when certain conditions are met) to rehire former employees who have left for military service. However, they’re uncertain as to exactly what the law requires of them to honor this commitment.
Employer Requirements to Returning Servicemen and Servicewomen
When a former employee is eligible for reinstatement under USERRA, there are four standards that the employers must meet:
- The employee must be reinstated expeditiously. This means that he must be hired in a few days or, at most, a few weeks.
- For the purpose of seniority, the employee must be treated as though his or her employment with the company was unbroken. This means that benefits that are accrued by seniority are also reinstated.
- The employee can only be fired with cause for a certain period. If the employee’s period of service was 31-180 days, he or she can’t be dismissed without cause for six months. The employee can’t be dismissed for one year without cause if his or her service lasted over 180 days.
- The employer must train or retrain the employee as necessary.
However, there is a little leeway for the employer. If the returning employee was in military service for over ninety days, the employer only has to find a position of similar pay and seniority. In other words, the returning employee is not guaranteed the same job. Additionally, if the employee is no longer qualified to work in his or her position—particularly after a lengthy leave of absence—the employer is not required to return him or her to that same position. However, employers must make reasonable attempts to retrain the employee for a position that is on par with the previous assignment.
Employers in Virginia who are uncertain of their requirements under USERRA are encouraged to contact a business law attorney who specializes in labor relations.
