USERRA - Reemployment Rights

Don D

It's my reading of the law that the service member who has returned from a tour lasting over 180 days has a maximum of 90 days to exert his reemployment rights. Subject of course to an honorable discharge and assuming him to not be incapacitated by service injury. Anyone have a different understanding or a recent experience that might contradict this?

POPEYE

Sounds like you quoted it right out of the USERRA Employer's Resource Guide!!!

Beave

Yup, you got it right. With this exception: If the 90th day falls on a day the office isn't open, they have till the next business day following the 90th day.

My County Administrator is reading the USERRA Act to say that County Government is not covered under this act - I can't find that & am inclined to believe that we ARE covered under it. Have you read anything that indicates this act doesn't apply to County governments?

Pork

"Dandy Don" don't doubt yourself; I have never found you wrong. However, remember my real experience on this very issue. Our soldier did not formerly reapply for 141 days after his discharge and in fit condition. The Feds were supporting this mis-treated soldier and I was mustering ever legal brains I could to defend our actions, when he gets an attorney, because I was beginning to WIN. Once his attorney got on-b0ard the Feds headed for the hills and washed their hands of the case. His attorney made him re-apply in written format, which we honored and put the individual back to work in an excess position, excess to our needs! I am just waiting for the hammer to fall with him playing with the handle to cause it to fall. I have his case file on my desk in a pending and waiting file rack.

What you read and what you know about the written word and law does not saintify the cause.

PORK