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

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.
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