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Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994

A federal law intended to ensure that persons who serve in the Armed Forces, Reserves, National Guard, or other "uniformed services" (1) are not disadvantaged in their civilian careers because of their service; (2) are promptly reemployed in their civilian jobs upon their return from duty; and (3) are not discriminated against in employment based on past, present, or future military service. Essentially, the Act requires employers to allow those who have served on active duty to go back to the same job and at the same pay after they return from such active duty service. The Act does, however, contain two important exceptions for employers under which employers are not required to reemploy a service man or woman, specifically when (1) the employer experiences "changed circumstances" (e.g., during a company-wide layoff) and (2) when there is "undue hardship" (e.g., the employer is facing severe financial difficulties).

Links for IRMI Online Subscribers Only: PLI XXI.B; EPLiC Summer 2004


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