| “In Milhauser v. Minco Products, 2012 U.S. App. LEXIS 24938 (8th Cir. Dec. 5, 2012), the U.S. Court of Appeals for the Eighth Circuit ruled that reinstatement under the Uniformed Services Employment and Reemployment Rights Act ("USERRA") may include the termination of the returning employee's employment if that is the "position of employment" in which the returning employee would have been employed had he or she remained continuously employed.
”Milhauser answers a question that has appeared clear under Department of Labor regulations for USERRA for some time, but which few courts had considered. This clarification should help companies better understand their reinstatement obligations under USERRA.” Source: JDSupra.com |
14 December 2012
• "Termination of Employment Can Be a Proper Reinstatement Under the Uniformed Services Employment and Reemployment Rights Act"
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