Adams & Garth Blog

The #1 Law You Need to Know if You Employ a Reservist or National Guard Member

July 10th, 2012

Independence Day has just passed us by – and with it comes a renewed sense of patriotism. But, as one of Harrisonburg’s leading staffing agencies, Adams & Garth knows that many returning reservists and National Guard members aren’t feeling the love as they come home to discover their jobs are gone.

As a result, instances of lawsuits filed by returning veterans have been on the rise dramatically in recent years. This is due not only to the high number of reservists and guard members coming home, but also to employers who jut aren’t informed about the Uniformed Services Employment and Reemployment Rights Act, also known as USERRA.

So what is USERRA – and what do you need to know about it? Here are some highlights from the U.S. Department of Labor:

  • What is it? USERRA is a federal law that provides employment rights to returning veterans and other uniformed services members.
  • Who is covered? USERRA applies to those who perform duty, voluntarily or involuntarily, in the “uniformed services,” which include the Army, Navy, Marine Corps, Air Force, Coast Guard, and Public Health Service commissioned corps, as well as the reserve components of each of these services.
  • What does uniformed service include? Active duty, active duty for training, inactive duty training (such as drills), initial active duty training, and funeral honors duty, as well as the period for which a person is absent from a position of employment for the purpose of an examination to determine fitness to perform any such duty.
  • Who must comply? USERRA applies to virtually all U.S. employers, regardless of size.
  • What are the employee’s rights? USERRA states that returning service members are to be reemployed in the job that they would have attained had they not been absent for military service – with the same seniority, status and pay, as well as other rights and benefits determined by seniority. USERRA also requires that reasonable efforts (such as training or retraining) must be be made to enable returning members to qualify for reemployment.

To learn more about USERRA, visit the Department of Labor’s website.

Need to Fill a Gap While a Worker is Deployed?

You’ve come to the right place. As one of the leading staffing agencies in Harrisonburg – and throughout Central Virginia, Adams & Garth can provide you with an extensive network of qualified temporary talent to fill skills gaps where and when you need to. Contact Adams & Garth today to learn more.

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