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Vega-Colon v. Wyeth Pharmaceuticals, 1st Cir., No. 09-1861, October 28, 2010.

Articles Discussing Case:

USERRA Coverage May Be Triggered Prior to Formal Military Orders

Ogletree Deakins • November 10, 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. An employer may not discriminate against any person because such person has “taken an action to enforce a protection” afforded under USERRA. Generally, protection begins when an employee is called to active duty or military training, and provides orders for such duty or training. However, the 1st U.S. Circuit Court of Appeals recently held that an employee’s announcement to his employer that he intended to return to active duty after remaining inactive for multiple years was sufficient to trigger protection under the USERRA.

USERRA coverage may be triggered prior to formal military orders.

Ogletree Deakins • November 01, 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. An employer may not discriminate against any person because such person has “taken an action to enforce a protection” afforded under USERRA. Generally, protection begins when an employee is called to active duty or military training, and provides orders for such duty or training. However, the 1st U.S. Circuit Court of Appeals recently held that an employee’s announcement to his employer that he intended to return to active duty after remaining inactive for multiple years was sufficient to trigger protection under the USERRA.