Does USERRA protect employees from termination of employment after reinstatement?
Employees who are reinstated after military service cannot have their employment terminated because of their military service. Employees who served for 30 days or less are not entitled to any additional job protection. Employees who served for more than 30 days but less than 181 days cannot have their employment terminated except for cause for 180 days after reemployment. The for cause requirement is extended to one (1) year after reemployment for employees who served for more than 180 days. What effect does a dishonorable discharge have on USERRA rights and protections? A person’s entitlement to the benefits of USERRA terminate upon the occurrence of any of the following: • Dishonorable discharge or bad conduct discharge • Discharge on other than honorable conditions • Dismissal by sentence of a general court-martial, in commutation of a sentence of a general court-martial, or by order of the President in time of war • Dropping of a commissioned officer from the rolls of a uniformed s
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