A FAIRFAX, VA BUSINESS LITIGATION ATTORNEY DISCUSSES EMPLOYERS’ REQUIREMENTS TO REHIRE RETURNING MILITARY VETERANS
As a business attorney in Fairfax, Virginia, many of our clients are interested in knowing about their obligation to rehire a returning worker who was called away to war or other military service. The reality of business is that when an employee who is also a military reservist is called away for an extended period of time, it’s frequently necessary to fill his or her position on a temporary or permanent basis. When the military employee returns from active duty, rehiring him or her may put an unexpected strain on the operating position of the business. Many of our business clients would like to hire back a returning veteran, but also need to manage staff levels. However, the reality is that in many cases, the employer may not have a choice.
Federal Law Governing the Reemployment of Returning Military Personnel
The rights of members who leave their jobs to perform voluntary or involuntary military service are protected under the Uniformed Services Employment and Reemployment Rights Act of 1994 “The Act applies to persons who perform duty, voluntarily or involuntarily, in the ‘uniformed services,’ which include the Army, Navy, Marine Corps, Air Force, Coast Guard, and Public Health Service commissioned corps, as well as the reserve components of each of these services.” In other words, the Act covers just about everyone who might be called up for military duty.
What Service Members Qualify For Reemployment Under USERRA?
Not all returning veterans qualify under the Uniformed Services Employment and Reemployment Rights Act of 1994. Certain standards are in place for the protection of the employers as well. In order for a military veteran to claim mandatory reemployment under USERRA, he or she must meet five criteria:
- The job in question must have been held or applied for by the former employee.
- The military member must have given prior verbal or written notice to the employer prior to leaving for military service.
- The employee must return to the civilian employer within a reasonable amount of time after being released from military service.
- The employee must not have received a dishonorable discharge from the military.
- The employee’s cumulative years of military service while at the civilian job must not exceed five years.
Should the employee fail to meet the above conditions, the employer is under no obligation to rehire him or her. If you have any questions regarding the rehiring of returning military personnel, contact a qualified Virginia business attorney with experience in labor and management rights.
