Military call to duty puts reemployment law into action

March 2003
Volume 20, Issue 3
Legal/workplace issues

In 1994 — post-Desert Storm — the federal government realized that the existing veterans act that had been around for so many years was no longer doing an adequate job for people who were called to active military duty.

Paul Lopez, an attorney and director with the law firm Tripp Scott, says that post-Desert Storm was the first time the act had been put to the test since the Vietnam War, decades before. The time lapse alone had rendered the act outdated, and as service people returned to their jobs, issues began surfacing at a rapid rate.

“Originally referred to as the Veterans' Reemployment Rights, President Clinton signed the Uniformed Services Employment and Reemployment Rights Act on October 13, 1994. It was a comprehensive revision of the VRR and became fully effective on Dec. 12 of that year, he added.

“According to USERRA, those who are hired or moved into the positions that are left void by those called to service are considered temporary, or interim, workers — and must be advised as such when they are hired,” he said.

“It is your responsibility to make sure they understand that when the military person returns, the position will be made available to them.”