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In this podcast, Ogletree’s Military Workforce Practice Group co-chairs Jay Patton (Birmingham) and Amy Glenos (Birmingham) examine the five most common pitfalls employers face military leave issues under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Amy and Jay cover a variety of topics from documentation missteps and paid leave disputes to reduction in force (RIF) decisions and reemployment position determinations. Drawing on real settlement figures and controlling case law, including the Supreme Court’s escalator principle from Fishgold v. Sullivan Drydock, the speakers walk through practical guidance for handling both voluntary and involuntary military leave. The episode closes with a pop quiz on USERRA’s statute of limitations, a detail that catches even experienced HR professionals off guard.
The Top 5 USERRA Traps and How to Avoid Them
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