Category Archives: USERRA
Understanding USERRA – the five year limit
THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL The right to reemployment pursuant to USERRA is determined by five eligibility criteria. Once of the criterion is the cumulative period or periods of uniformed service in relation to the employee-employer relationship… Read More »
USERRA and the effect of arbitration agreements
THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL Early decision on the effect of arbitration seemed to indicate that USERRA section 4302(b) overrides agreements to submit future claims to arbitration, however the 5th and 6th Circuit court of appeals have… Read More »
USERRA and the “Cat’s Paw” theory
The Uniformed Services Employment and Reemployment Rights Act provides in relevant part: “A person who is a member of… or has an obligation to perform service in a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that… Read More »
