Reporter seeks USERRA information
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Last week, I fielded a call from a reporter with a national publication. She's interested in talking with HR professionals for a future story about the challenges of USERRA and re-integrating returning service people into their workplaces. If you have experiences you'd like to share, please send me your name and work e-mail and I'll send your name to her. My e-mail address is [email]kcarlson@mleesmith.com[/email]. Thanks for your help.
Kathy Carlson
Group Publisher, Benefits and Workers' Comp Publications
M. Lee Smith Publishers
615/661-0249, ext. 8039
Kathy Carlson
Group Publisher, Benefits and Workers' Comp Publications
M. Lee Smith Publishers
615/661-0249, ext. 8039
Comments
Currently, I am sitting with two employees who have returned to the USA but have not reported in with an application or letter of request to re-join our employee/relationship. One's deadline is April 1, 2006, no return to a critical position, no relationship, no longer employed. We remain under litigation from 2001 termination of one who verbally resigned and signed out of the company with a complete payout; after the fact, he made it back and now claims he never resigned nor did he request to be paid out. That was back in the year 1999/2001.
One soldier is a female and we need her back or we need to go on and terminate, but replace her. She got back around December 15, but believes she was given an extra 90 days of rest and recreation leave before she is actually required to report back in for work/employment. We are waiting until April 1, just to be sure that her travel distance from her de-moblization point gives her a longer travel time. Without seeing her DD - 214, I can not rely on a guessing game, we do not wish to get involved with another ligation situation. The unit returned, so there should be no reason for her not to have returned before now. I have been told that the military is considering her for a full-time position at the Camp Shelby, MS training camp for deployments to Iraq. If that is true then we will definately move to replace her but not terminate.
PORK
PS, I am a military retiree and I make sure, when I can, that our employee/service person is protected; but at some point the employer must get on with running a business in a consistent and fair manner. So I am torn between loyalty to the service person and my current employer.
Kathy Carlson
I'm an employment attorney in Boston and I've handled a few USERRA matters (and advised all of my corporate clients on USERRA compliance). I also wrote an article on the subject, which is located here:
[url]http://www.newenglandinhouse.com/200410issue/fray_witzer.htm[/url]
I would be happy to speak with the reporter if she would like.
Evan
Good thread; sensitive subject!
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Evan:
Excellent summary. I've forwarded it to several colleagues. Thanks.
Evan