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USERRA coverage may be triggered prior to formal military orders

  • Ogletree Deakins
  • -
  • USA
  • -
  • November 4 2010

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) was enacted to encourage non-career military service and to prevent discrimination against military service members

Performance Improvement Plan (PIP) is not an “adverse employment action” for purposes of federal anti-discrimination laws

  • Ogletree Deakins
  • -
  • USA
  • -
  • August 9 2011

In order to support a claim of employment discrimination, an individual typically must show that an “adverse employment action” was taken, and that such action was based upon a protected characteristic

Rescinding employment benefit extended only to employees with military obligations does not violate the USERRA

  • Ogletree Deakins
  • -
  • USA
  • -
  • June 8 2009

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects members of the armed services against employment discrimination related to the benefits of their employment

The USERRA does not provide a claim for hostile work environment

  • Ogletree Deakins
  • -
  • USA
  • -
  • March 28 2011

The Uniformed Services Employment and Reemployment Rights Act (USERRA) was enacted to prohibit civilian employers from discriminating against employees engaged in military service, and states that employees who perform military service "shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment" on the basis of that service

Replacing employee with younger, less experienced person is not always age discrimination

  • Ogletree Deakins
  • -
  • USA
  • -
  • October 22 2009

A public school music teacher who was replaced by a less experienced teacher eleven years her junior was unable to show that her age rather than her work-performance was the basis of the non-renewal of her contract

Layoff upon return from military leave may qualify as a “reemployment position” under the USERRA

  • Ogletree Deakins
  • -
  • USA
  • -
  • December 18 2012

According to the Eighth Circuit Court of Appeals, the Uniformed Services Employment and Reemployment Rights Act (USERRA) requirement that a returning service member be reemployed in the position that he or she would have occupied had that employment not been interrupted by a military commitment does not preclude layoff or termination of a returning service member