Recent USERRA case

By Dennis McCarthy Since 2001, over 800,000 members of the National Guard and Reserves have been called to active duty – some more than once.  Most served overseas, some at bases and stations in the U.S.  Some were called “involuntarily” and some volunteered for active duty assignments. The one fact that ties all of these men and women together is that, if they were employed at the time the left for military duty, they were covered by a Federal law known as the Uniformed … [Read more...]

Lack of understanding, record leads to injustice for soldier

By Sean McCarthy Just after Christmas, the First District Court of Appeals in Ohio overturned a decision by a trial court that had awarded lost benefits to Scott Miller, a local police officer and a staff sergeant in the Ohio Army National Guard. Mr. Miller was called to duty in October 2001 in the wake of the September 11th attacks, and was released from duty on September 11, 2002.  He was again called to colors on February 7, 2003, and was finally released on March 1, 2004. That’s a … [Read more...]

Employer Liability under USERRA and Staub v. Proctor Hospital

There is an interesting news story on the “News” side of this site. It reports on the legal case of Staub v. Proctor Hospital. The case is particularly newsworthy because it was the first case heard by the U. S. Supreme Court under the current version of the Uniformed Servicemembers Employment and Re-employment Rights Act, popularly known as USERRA. The law dates back to a year or so before the United States entered World War II, and it has been revised and updated several times – most … [Read more...]

Recent Case Highlights Appropriate USERRA Limits

Some business advocates – not too many, I hope – criticize the Uniformed Servicemember Employment and Re-employment Rights Act (USERRA) as being unfair and one-sided. This is the law that is intended to protect a military servicemember’s right to return to his or her pre-service employment without penalty. It does provide broad protections for the military servicemember. But it is not one sided. Most importantly in my view, it provides that disputes between an employer and a military … [Read more...]

How can a business find and hire military employees?

Many American businesses have made a special commitment to hire military veterans and members of the National Guard and Reserves.  They have made this commitment for two reasons. First, they recognize the important role these military men and women have played in securing our nation and making business possible.  Second, they recognize that the men and women who serve in today’s all-volunteer force are a tremendous source of talent.  They have demonstrated the twin traits of being good … [Read more...]