By: Mercedes Pineda The Eighth Circuit recently served a reminder about the importance of maintaining direct contact with your employees. The employer hired a sergeant in the National Guard. The employee was deployed to Afghanistan and coordinated his military leave through the employer’s third-party leave administrator. Unfortunately, the employee was wounded in action, and was […]
Category: USERRA
USERRA Reinstatement Requires Consideration of Discretionary Promotions, Too
By Brooke Colaizzi When reinstating an employee returning from military service under USERRA, an employer is required to consider non-automatic, “discretionary” promotions that the employee might have applied for and received had he or she not been absent, at least according to the First Circuit Court of Appeals. Rivera-Melendez v. Pfizer Pharmaceuticals, LLC, No. 12-1023 […]