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USERRA and Company Layoff

pgraff450pgraff450 1 Post
in HR & Employment Law Vote Up0Vote Down
If a company is experiencing a reduction in force due to the economy and will be laying off employees who are on Military standby. If military status changes to active, how does this apply to unemployment benefits and retention of employment? If activated before layoff? If activated after layoff?
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  • attyinazattyinaz 7 Posts
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    USERRA "prohibits discrimination against persons because of their service in the uniformed services." Hill v. Michelin N. Am., Inc., 252 F.3d 307, 311 (4th Cir. 2001) (quoting 38 U.S.C. § 4301(a)(3)) (internal quotation marks omitted). To prove a case of discrimination, the claimant must show, by a preponderance of the evidence, that his or her involvement in the uniformed services was a substantial or a motivating factor in the adverse employment action taken by an employer against him or her.

    If you have documented legitimate business reasons for the job action, then you should be ok.

    I don't know about the unemployment benefits. The DOL has a website that discusses USEERA, I think it's [url]www.dol.gov[/url]
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  • SystemSystem 5,885 Posts
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    Here's a direct link to the information on USERRA at DOL's website:

    [url]http://www.dol.gov/vets/usc/vpl/usc38.htm[/url]

    Christy Reeder
    Website Managing Editor
    [url]www.HRhero.com[/url]
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  • PorkPork 1,271 Posts
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    If your RIF action is a plan that is generated well before you are notified by the soldier/employee that he has been given alert notifications for military service, then you should be alright to follow through on your plans and execution of the RIF actions. Likewise, even when you have a soldier/employee on active duty and the RIF action takes place and eliminates his/her position you whould still be alright until the ee/service person reapplys for his/her position. Then you must consider the application for re-hire. It is then that you will need careful consideration of the issues and concerns of the law. Been there and done that. Meeting the days to reapply is critical in your plan of action. Be sure you know these circumstances and stick to them. Do not give up the employer rights for anyone, if you are not going to give them up for everyone.Keep us posted, this is an area that will get more and more attention soon. Pork
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