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Home > Federal Law Articles > Human Resources > USERRA

Articles Discussing USERRA.

Military Leave and USERRA Reemployment Rights: 3 Steps for Reading Orders to Determine Five-Year Cap Exemptions

August 12, 2022 | Ogletree Deakins Filed Under: USERRA

Employers may be surprised to learn that certain employees with greater than five years of military leave may still have reemployment rights under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). USERRA has numerous exemptions to the statute’s five-year service limit, and employers may need to consult

Supreme Court Holds State Employers Can Be Sued for Discriminating Against Veteran Employees Under USERRA

July 14, 2022 | Ogletree Deakins Filed Under: USERRA

On June 29, 2022, the Supreme Court of the United States decided that a veteran could sue his former employer, the Texas Department of Public Safety (DPS), under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) after the DPS would not accommodate his medical conditions by employing

Military Personnel in a Civilian Workforce: Top 5 Frequently Asked USERRA Questions

July 20, 2021 | Ogletree Deakins Filed Under: USERRA

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is a federal law that protects the civilian employment of active and reserve component military personnel and veterans. USERRA is a straightforward law with a central objective: to not penalize service members for their service. While most employers have

Waiver of USERRA Rights in General Release Agreements Must Be Specific, Tennessee Court Emphasizes

July 19, 2021 | Jackson Lewis Filed Under: USERRA

Jackson Lewis

Executing a general release did not waive a former employee’s claims under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), a federal district court in Tennessee has ruled, granting summary judgment to the employee. Ward v. Shelby County, No. 2:20-cv-02407 (W.D. Tenn. June 25, 2021).

Virginia Supreme Court Rules Sovereign Immunity Bars Private USERRA Claims Against State Employers in State Court

December 13, 2016 | Littler Filed Under: USERRA

Littler

The Supreme Court of Virginia, in Clark v. Virginia Department of State Police, No. 151857 (Dec. 1. 2016), recently ruled that the doctrine of sovereign immunity barred a private plaintiff’s claim under the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) against the Virginia Department of State Police (“VSP”), an arm of the Commonwealth. The Clark decision has made clear that service members working for the Commonwealth of Virginia as the employer cannot bring a lawsuit alleging a violation of USERRA. This decision, however, does not impact the ability of the federal government to bring suit against a state for USERRA violations on behalf of an individual or a private plaintiff’s ability to sue a private employer under USERRA.

USERRA No Bar to Enforcing Employment Arbitration Agreement, Federal Appeals Court Rules

November 29, 2016 | Jackson Lewis Filed Under: USERRA

Jackson Lewis

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) does not prohibit compelling a former employee to arbitrate his USERRA claims under an arbitration agreement, the U.S. Court of Appeals for the Ninth Circuit, in San Francisco, has ruled. Ziober v. BLB Resources, Inc., No. 14-56374 (9th Cir. Oct. 14, 2016).

Surgeon Not Entitled to USERRA Reinstatement When Employed for Brief Period, Court Finds

November 10, 2015 | Jackson Lewis Filed Under: USERRA

Jackson Lewis

An employer did not violate the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) when it discharged an employee shortly after his return from active duty, the Sixth Circuit Court of Appeals, in Cincinnati, has held. Slusher v. Shelbyville Hosp. Corp., No. 15-5256 (6th Cir. Oct. 26, 2015).

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