Calvin Associates, Inc.

post »“Managers Beware: Individual Liability Confirmed Under USERRA” 2-8-16

February 25 2016, 6:07 pm

http://www.jdsupra.com/legalnews/managers-beware-individual-liability-71454/

Bruce’s Summary: The Uniformed Services Employment and Reemployment Right Act of 1994 (USERRA) has been around awhile and is starting to show some teeth. There are some real differences between USERRA and other employment law statues. The proof is that recently a federal district court confirmed that those (including the Personnel Manager) who violate USERRA may face individual liability. In addition, USERRA applies to both public and private employers, there is no statute of limitations, it creates a “For Cause” discharge standard and allows possible entitlement to promotion upon return to work. Good article to brush up on your USERRA understanding and a good topic for training your managers in the future.  “None of the information contained herein should be construed as legal advice, nor are Calvin Associates consultants engaged to offer legal advice. If there is a need for legal advice, please contact and seek the advice of independent legal counsel.”