No. Raymond may be lawfully discharged because threats of sabotage are a sufficient reason for dismissal. Under USERRA, cause for discharging a reemployed veteran exists if the two following criteria are met: (1) it is reasonable to discharge the employee for the conduct in question; and (2) the employee had notice, express or fairly implied, that the conduct would be grounds for discharge.
Generally, once reemployed, an employee who has been on military leave is protected from being discharged, except for cause: for one year after the date of reemployment if the person’s period of military service was for 181 days or more; or for six months after the date of reemployment if the person’s period of military service was for 31 to 180 days.
The purpose of this special protection is to ensure that returning service members are given reasonable time to regain civilian skills and to guard against bad faith reinstatement. It is the employer’s responsibility to show that it had a sufficient reason to discharge a service member within the protected period following his or her reemployment.
Source: CCH When Duty Calls; Military Leave and Veterans’ Rights.
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