![\"Mother](\"https:\/\/www.californialaborlaw.info\/wp-content\/uploads\/2017\/06\/michaeljung-1-e1575546616780.jpg\" "\\"Photo")
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Under the Uniformed Services Employment and Reemployment Rights Act of 1994, the people in the military still retain all their civilian employment as well as the benefits. The act covers every person who still serves or ever served in the army whether voluntary or involuntarily. It includes the employees in the private and public sector.<\/p>\n
Of the many laws that touch on the employees\u2019 welfare, this is the only law that doesn\u2019t state that the employer must have a minimum amount of workers so as to be affected by the law. Every organization is affected by this law. USERRA defines an employer as any institution, person, organization or entity that pays wages for work done and also exercises control over employment opportunity.<\/p>\n
For an individual to get considered for employment under USERRA, they must meet the following conditions.<\/p>\n
1. You got released from the military under a good cause and not dishonor.
\n2. Had written or given verbal notice to the civilian employer before leaving the job to join the military.
\n3. Was absent from a civilian job so as to be in the military unless the job was only held for a brief period.
\n4. Must report back to a civilian job on time or even submit an application for reemployment.
\n5. Must not exceed the five-year cumulative limit on service period.<\/p>\n
The USERRA act offers some of the following job protections and job entitlements. As someone from the military, you are entitled to:<\/p>\n
1. Prompt reinstatement and not long than two weeks.
\n2. Accrued seniority as though it was continuous employment.
\n3. Training and retraining as well as other accommodations
\n4. Special protection against any discharge after reemployment unless for a cause.<\/p>\n
A person of the military or who performs military work shall not get denied the following things. They include initial employment, promotion, reemployment, retention in employment and any other employment benefit. Any employer cannot discriminate against anyone for work because the person has done the following.<\/p>\n
1. Taken action to enforce a protection provided under the Act.
\n2. Testified or made a statement in connection with any proceeding provided here.
\n3. Assisted or participated in an investigation under the chapter.
\n4. Exercised a right provided by USERRA<\/p>\n
While you took military leave and had a job, once you return from the military services, you should be reemployed to the job you held. The job should be in the same status, pay and seniority as the previous job you held before joining the military. The escalator principle applies here, and one should enjoy the same rights and privileges he or she experienced prior to taking military leave.<\/p>\n
Your employer might deny you reemployment after coming back from military leave if his circumstances changed that made it impossible for reemployment. If the company feels that reemploying the employee will bring undue challenges and hardships.<\/p>\n
For any employee to take military leave, they must offer advanced notice although there is no particular length of when the notice should get given. The notice can be oral or written down.<\/p>\n
If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has the answers. Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.<\/p>\n
Photo Credit: Shutterstock\/michaeljung<\/p>\n","protected":false},"excerpt":{"rendered":"
Under the Uniformed Services Employment and Reemployment Rights Act of 1994, the people in the military still retain all their […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[274],"tags":[],"class_list":["post-1876","post","type-post","status-publish","format-standard","hentry","category-employment"],"acf":[],"yoast_head":"\n