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Reemployment Rights of Employees Returning from Active Duty in the Armed Forces: Insights from Nutter’s David C. Henderson
Print PDFDavid C. Henderson, a partner in Nutter’s Litigation Department and a member of the firm’s Labor, Employment and Benefits practice group, weighed in on the reemployment rights of employees returning from active duty in the armed forces in Nutter Insights. David addressed how employers are affected by the Uniformed Services Employment and Reemployment Rights Act (USERRA), how the “escalator principle” is applied to achieve parity in the civilian workforce between service members and their continuously employed civilian counterparts, significant limitations on the right to reemployment, and the consequences of a USERRA lawsuit. According to David, employers who violate USERRA can be subject to a variety of remedial measures, including paying lost wages and benefits; reinstating, promoting, or reassigning the employee; paying multiple damages for a willful violation; and covering the employee’s litigation costs and attorneys’ fees.
