| Issue: |
Stephen was the production associate in your distribution department before he went on military leave. Kenneth, a department assistant, was promoted to fill in while Stephen was out on leave. Eight months later, Kenneth also left on military leave. Stephen returned stateside, followed by Kenneth two weeks later. Both men have completed their military obligations and are seeking reemployment. How do you choose which man gets the production associate position?
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Answer: |
When two or more veterans are entitled to reemployment in the same position, the Uniformed Services Employment and Reemployment Act (USERRA) provides that they must be reemployed as follows:
- The veteran who first left the position has the superior right to it.
- The other veteran or veterans are entitled to reemployment, with full seniority, in any other position that provides similar status and pay in the order of priority under the reemployment process otherwise applicable to them.
In this case, Stephen is the employee with the superior right to the production associate job. Kenneth had no seniority right that he could assert against Stephen, who held the position prior to his own entry into military service.
Source: CCH When Duty Calls; Military Leave and Veterans’ Rights.
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