Is an employee who resigned and worked for others before serving in the military entitled to reemployment?


Chelsie was a clerk in your shipping department for several years before quitting her job. After she resigned from your company, Chelsie applied for a Navy commission and spent the next six months working jobs with other employers before entering active duty. Finished with active duty, she has now returned to your company, claiming reemployment rights. Does she have any?


Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), an employee who leaves a position in order to perform military training or service is entitled to reemployment. The reemployment right of a returning employee is not automatically defeated by the fact that there was a lapse of time between leaving the job and actually entering the military. However, when an employee leaves one position and obtains another prior to his or her entry into military service, the employee is entitled to reemployment in the last position that he or she held, but loses the right to reemployment in the first position. In these circumstances, Chelsie has no reemployment rights in the shipping clerk position from which she resigned.

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

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