USERRA & Enlistment

Blanche

Is an employee who submits a formal resignation in order to enlist in the armed forces covered, in full or in part, under the USERRA? This is certainly a voluntary act, but is it the sort of voluntary active duty contemplated under the statute? The employee has no previous military affiliation, and has not been called to serve.

bsa

I don't think he can write away his rights under USERRA with a formal resignation. If I'm understanding it correctly, it doesn't matter how he got there -- it only matters that he is in the uniformed services.

System

Yes, USERRA protects employees who enlist in the military out of the blue. Protection lasts five years. You can find an article on military leave here:
[url]http://www.hrhero.com/national/nationalnews.shtml[/url]

James Sokolowski
Senior Editor
M. Lee Smith Publishers