WASHINGTON, D.C. - (Mealey's) An employer is liable under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) for its management-level employee's antimilitary bias if that bias is intended to cause an adverse employment action and ultimately is a proximate cause of...
LexisNexis Overview: Where a vice president fired an employee who was a
member of the United States Army Reserve, the employer was not entitled to
judgment as a matter of law regarding the "cat's paw" discrimination
claim under USERRA, because, inter alia, there was evidence that supervisors...
LexisNexis Overview: In
affirming the partial dismissal of a putative class claim against an airline,
the court concluded, on an issue of first impression, that service members
could not bring a freestanding cause of action for hostile work environment
against their employers pursuant to the Uniformed...
by Vanessa L. Goddard
Several months ago, the Fifth Circuit Court of Appeals
(which covers Louisiana, Mississippi, and Texas) issued an extremely
interesting opinion and, in the process, became the first federal appellate
court to definitively address whether the Uniformed Services Employment and...
In a case of first impression, the United States District
Court for the Second Circuit recently held that the law requires an employer to
pay an employee returning from military service to a commission-based job the
same total amount of pay he or she received prior to activation- the employer
Between the following two options-a federal statute or a
private employment agreement-which wins?
federal statute (the Uniformed Services Employment and Reemployment Rights Act (USERRA)), which, at the time, provided for a four-year
statute of limitations, and which states that it "supersedes...
The Uniformed Services Employment and Reemployment Rights Act guarantees service members the right to be free from discrimination in hiring, re-hiring or reinstatement, retention, promotion, or any benefit of employment on the basis of that membership, application for membership, performance of service...
Two USERRA posts within four days? What is this world coming to?
In Arroyo v. Volvo Group North America (7th Cir. 10/6/15) , the appellate court was faced with the issue of whether the district court correctly dismissed an Army Reservist’s USERRA lawsuit [subscribers can access an enhanced version...
by Mark G. Jeffries
The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) is unique among employment laws, in part due to the affirmative obligations it puts on the employer. For example, when an employee returns to work after having taken more than 90 days of...