#block-googletagmanagerheader .field { padding-bottom:0 !important; } .usa-footer .container {max-width:1440px!important;} Additionally, Reservists and retirees (who were not called) volunteered for active duty. ESGR has Ombudsmen available to answer USERRA questions and respond to employment disputes related to military service. 2. The employee must be qualified to perform the duties of this position or be able to become qualified to perform them with reasonable efforts by the employer. USERRA modifies the common rule of at-will employment. Employment discrimination because of past, current, or future military obligations is prohibited. See Gates et al., 2013, Chapter Two, for more on the current application of the escalator principle under . Once a service member is reemployed, USERRA provides guidelines on what position she is entitled to. For example, since September 11, 2001, Reservists were involuntarily called to active duty under Federal orders for Operations Noble Eagle, Enduring Freedom and Iraqi Freedom. If an individual’s past, present, or future connection with the service is a motivating factor in an employer’s adverse employment action against that individual, the employer has committed a violation, unless the employer can prove that it would have taken the same action regardless of the individual’s connection with the service. Notice may be either written or oral. Section 4312 (e) (2) (A) / 20 CFR 1002.116. Did the employer discriminate in employment against or take adverse employment action against any person who assisted in enforcement of a protection afforded any returning service member under this Statute? Under the escalator principle the employee may also be placed in a lower position or even laid off (for example, if the company went through reorganization or layoffs during the employee’s military service). This sixth exemption for the five-year limitation covers persons who are called to active duty after volunteering to support operational missions. See Gates et al., 2013, Chapter Two, for more on the current application of the escalator principle under . Upon the timely application for reinstatement, did the employer promptly reinstate the service member to his/her escalator position? If a disability could not be accommodated after reasonable efforts by the employer, did the employer reemploy the person in some other position he/she was qualified to perform which is the "nearest approximation" of the position to which the person was otherwise entitled, in terms of status and pay, and with full seniority? 1. 8. If submission of a timely application is impossible or unreasonable through no fault of the person, the application must be submitted as soon as possible on the next day when submitting the application becomes possible. However, such contributions have to be made promptly for persons who are absent for 90 or fewer days. The employer is liable for funding any obligation of the plan to provide required benefits. An excellent site to research USERRA issues, for example, the application of the “escalator principle” go to www.servicemembers-lawcenter.org, where you will find more than 700 articles, mostly about USERRA, some 112 of which were added in 2011 alone. [CDATA[/* >