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Smooth Transitions for Servicemembers: USERRA Protections

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Law360, New York (November 21, 2012, 12:58 PM ET) — As the United States winds down and changes its troops’ involvement abroad, many servicemen and women are returning to their civilian employment. The Uniformed Services Employment and Re-employment Rights Act, 38 U.S.C. §§ 4301-4335 provides multiple protections to servicemembers during their deployments and upon their return to work, requiring that servicemembers be reinstated to the position where they would be if they had not been absent due to service and prohibits their service from being a factor in any decision.

Servicemembers Entitled to USERRA Protections

Men and women who are returning to their civilian employment after serving in the “uniformed services” (i.e., the Army, Navy, Marine Corps, Air Force or Coast Guard, the Army, Naval, Marine Corps, Air Force or Coast Guard Reserves, the Army or Air National Guards, the Commissioned Corps of the Public Health Service and any other category of persons designated by the president in time of war or national emergency) are eligible for the USERRA protections…

Smooth Transitions for Servicemembers: USERRA Protections.” Law360 (November 21, 2012)

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