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military duty

sadialixsadialix 2 Posts
in HR & Employment Law Vote Up0Vote Down
Can someone tell me if it is legal to fire a person while on military duty and after this one got a supreme court order decision in his favor?
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  • LeslieLeslie 1,729 Posts
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    USERRA says you need to re-employ for five years.

    What's the deal with the court case?
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  • sadialixsadialix 2 Posts
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    Michelle M. O'Neil
    well this person got fired for some reason, and the Supreme Court ruled in his favor and ordered the agency (Immigration) to reinstate him immediatly on his position and not take any further action against this person, and this agency not only desregarded the court's decision but fired him again while on military duty.
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  • HRsageHRsage 409 Posts
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    I think you need to give more info on the situation. I know of a company that just recently fired someone on military duty for violating the company's harassment policy, but they fired the person without hearing his side of the story since he was stationed out of the country so now he is pursuing it in court. I don't know if this is the case you are talking about.
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