Question

A reservist was called to active duty for five years. Upon return to the United States mainland, he was informed that the position he left had been upgraded and filled by a permanent employee. Does the employer have any responsibilities to the reservist related to reinstatement of employment?

A. The reservist has been gone more than 180 days; therefore, the employer has no duty to reinstate him in the same position.
B. The reservist has 90 days following the completion of service to apply to the employer for reinstatement.
C. The employer must reinstate the reservist promptly but may terminate his employment for cause within 60 days.
D. The employer must reinstate the reservist promptly but may terminate his employment for cause after 180 days.

Answer 1

According to USERRA, the employer has responsibilities to reinstate the reservist in employment, with certain conditions and limitations.

Step-by-step explanation:

The employer has responsibilities to the reservist related to reinstatement of employment. According to the Uniformed Services Employment and Reemployment Rights Act (USERRA), the employer must reinstate the reservist promptly, with certain conditions and limitations.

Under USERRA, if the reservist has been gone for more than 180 days, the employer has the option to reemploy the reservist in the same position if it is still available. If the position is no longer available, the employer must make efforts to reemploy the reservist in a comparable position.

The employer cannot terminate the reservist's employment within the first 180 days after reinstatement, except for cause. After 180 days, the employer may terminate the reservist's employment for cause.