CommunityEditor
01-11-2009, 07:39 PM
There are signs that employers are having increasing difficulty complying with the law related to rehiring National Guard and reserve members returning from military duty.
“The op tempo of the Guard and reserve is having a dramatic effect on employers’ willingness to comply” with the Uniformed Services Employment and Reemployment Rights Act, said Mathew Tully, an attorney who specializes in military law and writes a legal column for Military Times.
Some employers say it’s worth it for them to reach a monetary settlement rather than rehire the service member, Tully said.
“We’ve seen a dramatic increase in complaints compared to 2006,” he said. “Irrespective of what the law says, employers tend to get aggravated with multiple call-ups.”
Guard and reserve members are not just being deployed to Iraq and Afghanistan, but are being pulled away for training and other duty.
The number of USERRA complaints handled by volunteer ombudsmen for the Defense Department’s National Committee for Employer Support of the Guard and Reserve, or ESGR, increased by about 12 percent in 2008 over the number in 2007, following a steady decline over the previous four years.
But the number of “requests for information” to ESGR has more than doubled in the past two years, from 4,613 in 2006 to 10,742 in 2007. It stayed near that level in 2008, with 10,426 requests.
“It’s hard to say why the numbers are going up,” ESGR spokeswoman Air Force Lt. Col. Michelle Barrett said, noting that ESGR has been proactive in getting the word out to troops and employers about rights under USERRA, and there has been some speculation that the sour economy may play a role in the higher number of information requests.
Troops who want free help can go to the ESGR, which tries to broker an informal solution between service members and employers before informing troops that they can file a case with the Labor Department or hire a private attorney.
But regardless of how many cases come to the ESGR or other federal agencies, that’s the “tip of the tip of the tip of the iceberg,” said Sam Wright, a retired Navy captain and attorney who is an expert on USERRA and works for Tully’s law firm.
Complete information on the total number of USERRA cases “just does not exist,” he said.
“We’re seeing more employers who are fighting back,” he said. “They’re getting legal help. ... Another hidden factor is people who never complain. They may think they have rights, but don’t know what to do.”
Article: http://www.airforcetimes.com/news/2009/01/airforce_USERRA_011109/
“The op tempo of the Guard and reserve is having a dramatic effect on employers’ willingness to comply” with the Uniformed Services Employment and Reemployment Rights Act, said Mathew Tully, an attorney who specializes in military law and writes a legal column for Military Times.
Some employers say it’s worth it for them to reach a monetary settlement rather than rehire the service member, Tully said.
“We’ve seen a dramatic increase in complaints compared to 2006,” he said. “Irrespective of what the law says, employers tend to get aggravated with multiple call-ups.”
Guard and reserve members are not just being deployed to Iraq and Afghanistan, but are being pulled away for training and other duty.
The number of USERRA complaints handled by volunteer ombudsmen for the Defense Department’s National Committee for Employer Support of the Guard and Reserve, or ESGR, increased by about 12 percent in 2008 over the number in 2007, following a steady decline over the previous four years.
But the number of “requests for information” to ESGR has more than doubled in the past two years, from 4,613 in 2006 to 10,742 in 2007. It stayed near that level in 2008, with 10,426 requests.
“It’s hard to say why the numbers are going up,” ESGR spokeswoman Air Force Lt. Col. Michelle Barrett said, noting that ESGR has been proactive in getting the word out to troops and employers about rights under USERRA, and there has been some speculation that the sour economy may play a role in the higher number of information requests.
Troops who want free help can go to the ESGR, which tries to broker an informal solution between service members and employers before informing troops that they can file a case with the Labor Department or hire a private attorney.
But regardless of how many cases come to the ESGR or other federal agencies, that’s the “tip of the tip of the tip of the iceberg,” said Sam Wright, a retired Navy captain and attorney who is an expert on USERRA and works for Tully’s law firm.
Complete information on the total number of USERRA cases “just does not exist,” he said.
“We’re seeing more employers who are fighting back,” he said. “They’re getting legal help. ... Another hidden factor is people who never complain. They may think they have rights, but don’t know what to do.”
Article: http://www.airforcetimes.com/news/2009/01/airforce_USERRA_011109/