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Employee Military Service Issues: Know the Drill or Pay the Price

"Court Endorses $1.6 Million USERRA Award For Retired Reservist's Reinstatement Claim"
May 20, 2010
8:00 AM - 9:30 AM


Baker Donelson Center
211 Commerce Street, Suite 800
Nashville, Tennessee


May 20, 2010
8:00 AM - 9:30 AM

8:00 a.m. Breakfast and registration
8:30 - 9:30 a.m. Program

This headline regarding a recent federal court case, Serricchio v. Wachovia Sec. LLC (4/5/10), and others like it, reflect the increasing number of lawsuits and the large monetary exposure that employers potentially face when they do not completely understand the reinstatement requirements of the Uniformed Services Employment and Re-Employment Rights Act of 1994 (USERRA). One of the key issues in the Serricchio case concerned this large employer's apparent misunderstanding of the "escalator principle" found in the USERRA regulations. What is this principle and how is it applied in practical terms? In this briefing, we will discuss how employers can avoid such misunderstandings. We also will discuss strategies for how managers and supervisors can avoid individual liability for violations of USERRA. Employees returning from military service are afforded the protection of a "for cause" discharge for a period of time upon their return to the workplace. We will discuss exactly what this means. USERRA has no statute of limitations. We will discuss how employers can defend against old claims. Finally, we will discuss new developments since 2006, when the U.S. Department of Labor issued regulations under USERRA for the first time, and how the courts are construing the January 2008 amendments to the federal Family and Medical Leave Act (FMLA), which provides greatly expanded leave rights for those who care for an ill or injured service member.

CLE credit applied for. This program has been submitted to HR Certificate Institute for review.

Events Contact

Heather Stripling
T: 205.250.8332
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