Since 9/11, most employers have supported US troops and reservists, especially large corporations. However, many small businesses are suffering: an employer has to train someone else to take his place and for a period of time, often cover benefits for both employees. But, just like paying taxes, it is a burden that must be accepted and the price the US pays for its policies.
Unfortunately, not all corporations and/or employers see it that way.
LawyersandSettlements.com recently interviewed [ Matthew Fillion ], terminated after military deployment by a major university. In a similar incident, James Sutera, an Air Force reservist, claims he was demoted by Rochester's school district because he took a 10-week military training leave. Sutera was told by an official that his "timing was bad" and he was told "not to get patriotic." Sutera subsequently filed a lawsuit against the school district, claiming they violated USERRA.
In the same month, on August 21, The Rochester Post Bulletin reported that the Mayo Clinic violated the rights of a paramedic when he returned to work after three tours of duty in Iraq. None of the three employers mentioned above could be considered a "small business".
READ MORE LEGAL NEWS
- An employee has reinstatement rights following voluntary military service. There is no longer any differentiation between voluntary and involuntary orders under the USERRA, so long as the basic eligibility requirements are met.
- An employee's status or seniority in the workplace must be considered the same as if they had not been absent from the workplace, if the only reason for that absence was service in a uniformed service.