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Milhauser v. Minco Products, 2012 U.S. App. LEXIS 24938 (8th Cir. Dec. 5, 2012)

Articles Discussing Case:

Layoff upon return from military leave may qualify as a "reemployment position" under the USERRA.

Ogletree Deakins • December 17, 2012
According to the 8th U.S. 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. Milhauser v. Minco Products, Inc., 8th Cir., No. 12-1756, December 5, 2012.

Eighth Circuit Rules that Termination of Employment Can Be a Proper Reinstatement Under the Uniformed Services Employment and Reemployment Rights Act

Littler Mendelson, P.C. • December 12, 2012
In Milhauser v. Minco Products, 2012 U.S. App. LEXIS 24938 (8th Cir. Dec. 5, 2012), the U.S. Court of Appeals for the Eighth Circuit ruled that reinstatement under the Uniformed Services Employment and Reemployment Rights Act ("USERRA") may include the termination of the returning employee's employment if that is the "position of employment" in which the returning employee would have been employed had he or she remained continuously employed.