Probably. Veterans and reservists have reemployment rights under the Uniformed Services Employment and Reemployment Rights Act. Generally, a person is entitled to reemployment after returning from military service if the following conditions are met:

• The person's military service was "service in the uniformed services." Resignation from a civilian job in order to enter military service does not deprive a returning service member of reemployment rights.
• Termination of the person's military service was under honorable conditions.
• Immediately prior to military service, the person was an employee of the employer with whom reemployment is sought.
• The pre-service position held by the person was not temporary.
• The person's absence from the employer was necessitated by military service.
• Advance notice of military service was given to the employer.
• The cumulative length of the person's service-connected absences has not exceeded five years.
• The person timely reported back to work or applied for reemployment. Because Johnny was on active duty for more than 180 days, he has 90 days in which to apply for reemployment.
• The person is qualified or can become qualified without undue hardship to the employer for a reemployment position according to USERRA’s priority schemes.
• There has been no change in the employer's circumstances that would make reemployment of the person impossible or unreasonable.

Johnny’s interim employment with another company would negate his reemployment rights only under very limited circumstances. Recently released Department of Labor regulations clarify that a service member does not forfeit reemployment rights with one employer by working for another employer after completing military service, as long as the service member complies with the law’s reinstatement procedures.

However, the alternative employment during the application period should not be of a type that would constitute cause for the employer to discipline or terminate the employee following reinstatement as, for example, for violation of a policy that forbids employees from working concurrently for a direct competitor.