USERRA Compliance Explained: How to Avoid a Battle When Service Members Return for Reemployment

USERRA Compliance Explained Webinar Recording

An employee is called to active military duty, so he leaves his longtime trucking job and heads overseas to serve in Iraq. After serving for five years, he returns to the States, where he expects to get his old job back -- but his employer gave it away.

Can the employer do that?

The short answer is no, assuming the employee complied with reemployment notice obligations under USERRA, and not unless the employer wants to pay the price, as Washington-based Williams Bulk Service Transport recently did. It found out the hard way that violating the rights of returning services members under the USERRA can cost you -- in this case $60,000 for denying a veteran proper reemployment.

Failure to reinstate a returning service member isn’t the only way to land your organization in court. Employers that engage in conduct toward military service members that is deemed hostile in nature are stepping into a legal minefield, especially with the new VOW to Hire Heroes Act, which President Obama signed into law in November. The new legislation, which seeks to reduce unemployment rates for returning troops, amends USERRA to clarify that hostile work environment claims may foster an additional legal battle for employers if the employee can demonstrate that he was harassed on the basis of military status.

Don't let ignorance of the latest regulations affecting troops returning to work spark harassment or cat's paw liability claims. Get up-to-date on your obligations under USERRA so you can stay in compliance. 

Participate in this interactive webinar, and you'll learn:

• Who qualifies for USERRA protection and which organizations are covered under the federal law
• Affirmative steps a returning service member must take to establish her right to reemployment
• How the “escalator principle” works and its impact on your organization
• Positions returning service members are entitled to reclaim and hat discretion an employer has in placing the returning employee
• what levels returning service members expect in terms of benefits, leave, and compensation
• Tips to avoid harassment claims under USERRA in light of the recently passed VOW to Hire Heroes Act
• How managers and supervisors on their USERRA can avoid creating “cat’s paw” liability for your organization
• What are the antidiscrimination and retaliation issues, training requirements, and other issues to overcome to get employees who have been absent from the workforce up to speed
• How employers should prepare for returning employees who have been away for a long time while the workplace has changed

In just 90 minutes, you'll learn your organization's legal obligations under USERRA as service members return to the workplace. Register now for this timely and informative event risk free.

This webinar was recorded on Thursday, February 23, 2012

USERRA Compliance Explained: How to Avoid a Battle When Service Members Return for Reemployment

About Your Speakers:

Susan M. Webman, with Fortney & Scott LLP, has practiced employment and labor law for more than 30 years. She provides clients with significant experience and expertise in U.S. Department of Labor and labor and employment matters. In particular, Ms. Webman has extensive knowledge of the laws governing veterans’ rights, labor-management matters, including the Family and Medical Leave Act, union-related LM-10 and LM-30 reporting obligations, and the International Labour Organization and other international labor matters.

Samuel F. Wright , is a member of the District of Columbia bar and a retired Navy judge advocate. During his ten years as an attorney with the U.S. Department of Labor, working with Susan M. Webman, he drafted the interagency task force work product that formed the basis for USERRA. From the time of his employment at DOL, he has dealt with veterans’ reemployment issues for almost 30 years, including as a judge advocate in the Navy and Navy Reserve and as an attorney for Employer Support of the Guard and Reserve, for the U.S. Office of Special Counsel and in private practice. His military decorations include two Navy Commendation Medals, a Joint Service Commendation Medal, and a Meritorious Service Medal. He retired from the Navy Reserve in 2007.