Does applicant for apprenticeship program have employment rights after military discharge?


Issue:

Before his military service, Eddie was an applicant on an eligibility list for an apprenticeship program. Now that he’s been honorably discharged from active duty, is Eddie entitled to veterans’ reemployment rights?

Answer:    

No. While the Uniformed Services Employment and Reemployment Rights Act (USERRA) extends reemployment rights to employees who have been absent from their civilian jobs by reason of service in the uniformed services, Eddie had not accrued any employment rights with the apprenticeship program since he had only attained a numerical position on the apprenticeship eligibility list. For lists that are in force for only one year, applicants who are not placed during that year must reapply for inclusion on the list the following year.

Source: CCH When Duty Calls; Military Leave and Veterans’ Rights.

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