Question

Robert left his position as commercial airline pilot to undertake his duties in the Marine Reserves for a tour of duty in Iraq. When he returns home a year later, his employer apologetically tells him that they filled his position during his absence and they “will call” when something comes available. They also express concern about his ability to fly commercial jets because he has not flown in the last year. What legal recourse does Robert have, if any?

Answer 1

Uniform Services Employment and Reemployment Rights Act (URSERRA): A legal recourse option for Robert arises from the URSERRA since he left his employment position to undertake military service. Robert meets the criteria because he had a civilian job, informed his employer that he was undertaking military service that did not exceed five years and returned under honorable conditions to immediately reassume his duties of employment through his original employer. His employers retain the right to ensure that Robert’s flying skills have not been compromised by activities performed while undertaking military service, however they do not have the right to dismiss Robert out-of-hand when he returns to regain his job. Robert has the legal recourse to sue under URSERRA for reemployment, any promotions or raises that he would have been entitled to if he did not leave, and any benefits from employment that he would have been entitled to had he stayed.