Is veteran who attended orientation but did not report for work entitled to reemployment?


Issue:

Linda, who received an honorable discharge from active duty, is seeking reemployment with your company but you donít think she was ever an employee. While she attended an orientation session and was directed to report to work the next day, she did not. Is she entitled to a veteranís reemployment rights?

Answer:    

Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), reemployment rights extend to employees who have been absent from their civilian jobs by reason of service in the uniformed services. In this case, Linda was not an employee at the time she entered active duty in the armed forces, even though she attended an orientation session and was directed to report to work the next day. She had not received compensation, was not on the payroll, did not receive job training, and was not issued either an identification card or a time card. Therefore, Linda is not entitled to reemployment rights under USERRA.

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

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