Does an employee have rights under USERRA even though he or she holds a temporary, part-time, probationary, or seasonal employment position?
top USERRA rights are not diminished because an employee holds a temporary, part-time, probationary, or seasonal employment position. However, an employer is not required to reemploy an employee if the employment he or she left to serve in the uniformed services was for a brief, nonrecurrent period and there is no reasonable expectation that the employment would have continued indefinitely or for a significant period. The employer bears the burden of proving this affirmative defense.
Related Questions
- Does the Uniformed Services Employment and Reemployment Rights Act (USERRA) require that an employee receive pension credit while absent to perform military service?
- Part Time Employment: How can I apply for part-time, temporary and/or seasonal employment?
- If an employee accepts a temporary position, do they forfeit their SEBAC rights?
