Veterans Returning to Work After Military Service May Not Be Discharged Except for Cause
Employers should be aware that the Uniformed Services Employment and Reemployment Rights Act of 1994 modifies at-will employment by creating a “for cause” standard of discharge for veterans who return to work after a month or more of military service, according to Orrick’s Employment Law and Litigation Blog.
A returning veteran who served 30-180 days may not be discharged except for cause for six months following return to work, according to the article by Christopher Wilkinson, Mark Thompson and Joshua F. Naylor. Veterans returning after more than 180 days of service are afforded the same protection from discharge for one year.
“Employers need to make sure that Human Resources and managers understand the full range of obligations with regard to returning veterans and perhaps consider a coordinated or centralized approach to their reemployment,” they write. “In some cases, compliance with the complexities of the statute may require advice of counsel.”
