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 […]