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1.0 USERRA Generally No. 29—I Am Being Recalled. What About My Civilian Job? No. 56—USERRA Review No. 77—I Am Being Demobilized. What About My Civilian Job? No. 104—Everything You Always Wanted To Know About USERRA But Were Afraid To Ask No. 105—USERRA: Frequently Asked Questions No. 123—Opinion: Congress Should Amend USERRA No. 127—Review of 2002-03 USERRA Cases No. 152—When It’s Over Over There, GI Joe Gets His Job Back No. 164—Employers Required To Notify Employees Of USERRA Rights No. 165—Help! I Lose Money When I Drill No. 203—Is the Right to Reemployment Absolute? No. 205—Recent USERRA Victory No. 0613—Summary of Law Review Articles on USERRA No. 0702—What Are You Thinking? No. 0702 Update What Are You Thinking? No. 0711—ESGR Volunteer Recovers $100,000 for USERRA Claimant No. 0749—USERRA Primer No. 0766—USERRA: A Primer: A Summary of Servicemembers’ Reemployment Rights under Federal Law No. 0821—The Burden of Freedom: Recent USERRA Burdens on Employers Are Not Unconstitutional or Unprecedented
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1.1 USERRA Coverage No. 0724 Does USERRA Have a Statute of Limitations? No. 0724 Update Congress Enacts New Legislation Precluding Statutes of Limitation in USERRA Cases No. 0725 Contractual Statute of Limitations Held to Apply to USERRA Case No. 0725 Update Congress Enacts New Legislation Precluding Statutes of Limitation in USERRA Cases No. 0813 Nonappropriate Argument: Despite its longtime contention, AAFES is not exempt from USERRA. No. 0816 Enhanced Leave Entitlements for Family Caregivers of Wounded Warriors No. 0824 USERRA and Statute of Limitations—Continued No. 0824 Update Congress Enacts New Legislation Precluding Statutes of Limitation in USERRA Cases No. 0836 USERRA Coverage for National Guard Technicians No. 0837 USERRA Coverage for Individuals Performing National Guard AGR Duty No. 0838 Right to Reemployment at the End of the Initial Active Obligated Service No. 0849 Unlawful to Fire Army Recruit
1.1.1 Coverage of Employers
1.1.1.1 Hiring Halls and Joint Employers No. 28—Applying USERRA to Multi-Employer Situations No. 154—Joint Employment Doctrine Under USERRA No. 174—USERRA Applies To Union Hiring Hall No. 183—USERRA Applies To Hiring Hall Situations No. 0706—Joint Employer Doctrine Revisited No. 0712—USERRA Applies to Hiring Halls-Continued No. 0953 Joint Employment Doctrine Under USERRA-Continued
1.1.1.2 Small Employers No. 0851 More Than Workers’ Comp: Employer’s USERRA obligation applies to Reservist injured on drill
1.1.1.3 Religious Institutions No. 185—Does USERRA Apply To Religious Institutions? No. 0859 The Ordinance and the Ordained: USERRA does not afford protection to clergy as it does to other employees No. 0940 The Ordinance and the Ordained—Part Two
1.1.1.4 Indian Tribes No. 186—Does USERRA Apply To Indian Tribes As Employers?
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1.1.1.5 Employers Outside United States No. 24—Enforcement of Reemployment Rights Outside the United States No. 163—USERRA Applies to State Department Non-Appropriated Fund Instrumentality at Embassy No. 1006 Prior Approval Required for Uniformed Services Retiree or Reservist to Work for a Foreign Government
1.1.1.6 Foreign Employers in United States No. 0715—Does USERRA Apply to Foreign Employers in the United States?
1.1.1.7 State and Local Governments No. 89—Enforcement of USERRA Against A State No. 89c--Clarification No. 0848 Enforcing USERRA against a State—Part 2 No. 0864 Another New Appellate Case Shows USERRA Has Teeth No. 0902 Naval Reservist Wins USERRA Case Against San Diego Police Department No. 0910 You Must Apply for Reemployment after You Leave Active Duty No. 0912 DOJ Sues NC to Enforce USERRA Regarding a Magistrate Who Is a Reservist No. 0912 Update: DOJ Sues NC to Enforce USERRA Regarding a Magistrate Who Is a Reservist No. 0918 DOJ Sues Alabama DMHMR No. 0930 Justice Serves: DOJ sues Nevada and a Nevada corporation to enforce USERRA No. 0931 DOJ Sues California Department of Corrections No. 0936 Ethan Allen Is Rolling Over in his Grave
1.1.1.8 Federal Government No. 34—Applicability of USERRA to Legislative and Judicial Branches No. 102—Does USERRA Apply to Non-Appropriated Fund Activities? No. 108—Letter to Federal Agency Concerning USERRA Case Involving an Agency Employee No. 163—USERRA Applies to State Department Non-Appropriated Fund Instrumentality at Embassy No. 167—Pension Rights of Federal Employees Returning From Military Service No. 177—Does USERRA Apply to the Railroad Retirement System? No. 189—Appellate Review of MSPB Decisions on USERRA No. 0614—Trilogy of New Rulings Affects Federal Employees No. 0637—Does USERRA Apply to TSA Screeners? No. 0727—Federal Government Considered “Model Employer” Under USERRA No. 0729—Kirkendall-VEOA and Equitable Tolling of Claim No. 0730—Are Schedule C Employees Protected by USERRA? No. 0740—Federal Employees Protected from RIF During Military Service No. 0752—Habit Forming: Federal Circuit Reverses MSPB Two More Times No. 0755—The Federal Case: A Description of USERRA’s Enforcement Mechanisms for Complaints by Federal Government Employees No. 0763—The Office of Personnel Management Has Specific Responsibilities under USERRA No. 0813—Despite Its Longtime Contention, AAFES Is Not Exempt from USERRA No. 0852 Intelligence Not Superior: USERRA applies to Intelligence agencies No. 0855 Mobilized Reservist Should Not Miss Out on Promotion Opportunities No. 0904 How to Prove a USERRA Discrimination Case—Continued No. 0937 You Must Apply for Reemployment-Part 2 No. 0953 Joint Employment Doctrine Under USERRA-Continued No. 0953 Update OSC Settles USERRA Case with DHS No. 0963 You Must Apply for Reemployment - Part 3
1.1.1.9 Successors in Interest No. 79—Right To Reemployment With Successor in Interest to Pre-Service Employer No. 0634—More on Successor in Interest No. 0723—More on Successor in Interest No. 0738—Successor in Interest-Continued No. 0847 Proposed Servicemembers Access to Justice Act No. 0847 Update: Proposed Servicemembers Access to Justice Act No. 0863 USERRA Applies to Salespersons on Commission
1.1.2 Coverage of Employees
1.1.2.1 Part-Time, Temporary, Probationary and At-Will No. 101—Does USERRA Apply to Temporary Positions? No. 0616—Effect of State Employment at Will and Right to Work Law No. 0609 Userra's Prohibition on Discrimination Applies Even to "Temporary" Positions of Employment No. 0621—Does USERRA Apply to Probationary Jobs? Yes No. 0730—Are Schedule C Employees Protected by USERRA? No. 0804—USERRA Applies to Employment as Adjunct Professor No. 0863 USERRA Applies to Salespersons on Commission No. 0936 Ethan Allen Is Rolling Over in his Grave
1.1.2.2 Independent Contractors and Partners No. 99—Does USERRA Apply to Partnerships? No. 192—Physician Regaining Hospital Privileges After Service No. 0905 Do Life Insurance Salespersons Have USERRA Rights?
1.1.2.3 Employees Who Have Been Laid Off No. 31—Reemployment Rights After Being Furloughed No. 39—Possibility of Layoff Before or During Service No. 0756—Laid Off and Called Up: Layoffs Still Employment Relationships Under USERRA, Other Factors May Keep You From Getting Your Job Back No. 0911 Layoffs and the Special Protection Period
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1.1.2.4 Students No. 32—Does USERRA Apply to Students? No. 187—Does USERRA Apply to Students? No. 0805—USERRA Does Not Apply To Students—Part 3
1.1.2.5 Executive Employees No. 0704—The President of the Company Has Rights Under USERRA
1.1.3 Coverage of Kinds of Service
1.1.3.1 Voluntary Service No. 30—Does USERRA Apply to Voluntary Service? No. 161—Does USERRA Apply To Voluntary Service—Continued? No. 0760—Second Careers: USERRA Applies To Retirees Voluntarily Returning to Active Duty
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1.1.3.2 Regular Military Service No. 0719—Reemployment and Regulars: USERRA Applies to Recruitment of Older Individuals To Meet Higher Active Duty End-Strength Authorities No. 0760—USERRA Applies to Retirees Voluntarily Returning to Active Duty No. 0849 Unlawful to Fire Army Recruit No. 0904 How to Prove a USERRA Discrimination Case—Continued
1.1.3.3 National Guard Service No. 45—USERRA and SSCRA Coverage for National Guard Members No. 45-Note—USERRA/SSCRA No. 0620—USERRA Coverage for National Guard Members Assisting in Border Control Efforts No. 0911 Layoffs and the Special Protection Period
1.1.3.4 PHS Service No. 46—Coverage of PHS Commissioned Corps No. 0963 You Must Apply for Reemployment - Part 3
1.1.3.5 NOAA Service No. 52—USERRA Coverage for NOAA Corps
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1.1.3.6 NDMS Service No. 100—USERRA Coverage for Intermittent Disaster Response Appointees
1.1.3.7 Examination To Determine Fitness No. 50--USERRA Coverage for Examination To Determine Fitness No. 0934 Another Good Precedent on Reemployment Rights
1.1.3.8 Funeral Honors Duty No. 51—USERRA Coverage for Funeral Honors Duty
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1.1.3.9 Military Family Members No. 98—Does USERRA Apply to Spouses?
1.1.3.10 Foreign Military Members No. 0630—Do IDF Reservists Have Reemployment Rights Under USERRA?
1.2 USERRA—Discrimination Prohibited No. 11—Discrimination Against Reservists No. 35—Impending Service Results in Immediate Firing No. 36—Activation Prevents Start of New Job No. 64—Discrimination in Hiring No. 122—May We Forbid Current Employees Permission To Join Reserves? No. 128—New USERRA Case No. 135—Employer Quotas Revisited No. 150—Protection from Discrimination-Continued No. 153—Make-Up Exam After Returning From Service No. 162—Discrimination Against Recently Separated Veterans No. 170—Missed Promotion Exam While Mobilized No. 198—Asking Questions About Reserve Affiliation in Employment Application Forms No. 205—Recent USERRA Victory No. 0609—USERRA’s Discrimination Applies Even To “Temporary” Positions of Employment No. 0610—Where Do I Go for USERRA Assistance? No. 0631—Is Harassment a Cognizable Claim Under USERRA? No. 0702—What Are You Thinking? No. 0731—Another Recent Case on Burden of Proof in USERRA No. 0739—Burden of Proof in Section 4311 Cases No. 0746—USERRA Forbids Discrimination in Initial Hiring No. 0750—Target Hit: National Guard Member Wins USERRA Case Plus Tort Damages Under State Law No. 0753—A “Motivating Factor”: USERRA Case Reiterates That Military Duty Need Only Contribute To Termination Of Employment To Be A Violation Of Law No. 0762—Airline Discourages Reserve Service With Contrary Paycheck, Insurance, and Leave Policies No. 0765—Reservist Loses Job for Collecting Undeserved Benefits No. 0807—Bonus Bust: Mobilization Deprives Soldier of Earned Bonus at Civilian Job No. 0841 How NOT To Prove a Discrimination Case Under USERRA No. 0849 Unlawful to Fire Army Recruit No. 0855 Mobilized Reservist Should Not Miss Out on Promotion Opportunities No. 0856 Unlawful for Airline To Deny You Free-Space-Available Travel to Your Drill—Right to Time Off for Travel to and from Your Drill Weekend No. 0860 Harassment Is a Cognizable Claim under USERRA No. 0902 Naval Reservist Wins USERRA Case Against San Diego Police Department No. 0904 How to Prove a USERRA Discrimination Case—Continued No. 0906 When Long Service Equals No Promotion You Don’t Need a Smoking Gun to Win a Section 4311 Case Under USERRA No. 0909 Another New Case on USERRA Discrimination No. 0912 DOJ Sues NC to Enforce USERRA Regarding a Magistrate Who Is a Reservist No. 0912 Update: DOJ Sues NC to Enforce USERRA Regarding a Magistrate Who Is a Reservist No. 0926 Mobilized Reservists and the Chicago Fire Department No. 0930 Justice Serves: DOJ sues Nevada and a Nevada corporation to enforce USERRA No. 0936 Ethan Allen Is Rolling Over in his Grave No. 0937 You Must Apply for Reemployment-Part 2 No. 0948 No Time Limit on Justice for the Returning Veteran—Part 2 No. 0952 Section 4311 of USERRA Is Not Limited to Reserve Components No. 1004 Generous Employer Not Required to Remain Generous
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1.3 USERRA—Reinstatement No. 0833 Keep your employer informed about when to expect your return
1.3.1 Eligibility Criteria
1.3.1.1 Left Job for Service and Gave Prior Notice No. 5—Notice to Your Civilian Employer No. 63—Effect of Resignation No. 84—Notice To Civilian Employer No. 91—Notice & Documentation Requirements No. 0811—Notice To Civilian Employer Not Requesting a Leave of Absence No. 0812—Prior Notice To Employer Not Required To Predict Return To Job No. 0838 Right to Reemployment at the End of the Initial Active Obligated Service No. 0840 My Mobilization Comes at a Terrible Time for my Employer No. 0854 Legal Assistance for Wounded Warriors—USERRA Component No. 0910 You Must Apply for Reemployment after You Leave Active Duty No. 0939 Let’s Try To Limit the Burden on Your Employer No. 0961 Your Civilian Job and USERRA: Beware of Gaps in Your Period of Service, And Maintain a Proper Balance of Military and Civilian Responsibilities No. 0964 Held a Position of Employment No. 0965 What is Service in the Uniformed Services? No. 0966 Relationship between the Uniformed Service and the Absence from the Position of Employment No. 0967 Prior Notice to Civilian Employer
1.3.1.2 Character & Duration of Service No. 6—Character and Duration of Service No. 42—Progress on Exemptions to the Five-Year Limit No. 190—Active Duty To Mitigate Damages Does Not Count Toward 5-Year Limit No. 201—Have I Exceeded the Five-Year Limit? No. 205—Recent USERRA Victory No. 0642—Veterans’ Reemployment Rights, USERRA, and Time Limits No. 0714—USERRA Still Applies in DoD’s Consecutive Call-up Policy No. 0822—Time Management: Don’t Confuse the Five-Year Limit with the 90-day Deadline No. 0825—Hard Cases Make Bad Law No. 0838 Right to Reemployment at the End of the Initial Active Obligated Service No. 0854 Legal Assistance for Wounded Warriors—USERRA Component No. 0864 Another New Appellate Case Shows USERRA Has Teeth No. 0911 Layoffs and the Special Protection Period No. 0924 Dot the I’s and Cross the T’s No. 0937 You Must Apply for Reemployment-Part 2 No. 0968 The Five Year Limit No. 0969 Only Really Serious Miscreants Lose Their Reemployment Rights for Misconduct During Service
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1.3.1.3 Timely Application for Reemployment No. 7—Deadline for Returning to Work No. 60—Escalator Principle Applies to Entire Period of Military-Related Absence No. 86—Does He Lose His Civilian Job For Failure To Use The Magic Words? No. 91—Notice & Documentation Requirements No. 156—Reporting Back To Work After Weekend Drills No. 178—Bum Scoop Can Have Bad Consequences No. 180—Returning To Work After Weekend Military Training No. 0622—Don’t Apply for Reemployment Until You Are Ready to Return to Work No. 0710—Applying for Reemployment-Continued No. 0804—USERRA Applies to Employment as Adjunct Professor No. 0822—Don’t Confuse the Five-Year Limit with the 90-day Deadline No. 0831—Applying for Reemployment after Military Service No. 0832—Wounded Warrior’s Rights: Reporting Back to Civilian Job No. 0854 Legal Assistance for Wounded Warriors—USERRA Component No. 0856 Unlawful for Airline To Deny You Free-Space-Available Travel to Your Drill—Right to Time Off for Travel to and from Your Drill Weekend No. 0863 USERRA Applies to Salespersons on Commission No. 0910 You Must Apply for Reemployment after You Leave Active Duty No. 0924 Dot the I’s and Cross the T’s No. 0937 You Must Apply for Reemployment-Part 2 No. 0961 Your Civilian Job and USERRA: Beware of Gaps in Your Period of Service, And Maintain a Proper Balance of Military and Civilian Responsibilities No. 0963 You Must Apply for Reemployment - Part 3 No. 0970 Timely Application for Reemployment
1.3.1.4 Affirmative Defenses No. 81—Is It Impossible Or Unreasonable To Reinstate Me? No. 0857 You Cannot Waive Your Reemployment Rights Until You Return from Service No. 0936 Ethan Allen Is Rolling Over in his Grave
1.3.2 Entitlements No. 8—Entitlements of the Returning Veteran No. 61—Not Necessary To Establish Discriminatory Intent Under Section 4312 No. 0701—No Telepathy Required No. 0832—Wounded Warrior’s Rights: Reporting Back to Civilian Job
1.3.2.1 Prompt Reinstatement No. 73—Immediate Reinstatement of Air National Guard Member Who Had Smallpox Vaccination No. 95—Two Veterans Returning to the Same Position No. 129—Right To Prompt Reinstatement Despite Temporary Disability No. 0829—Replacement Employees No. 0931 DOJ Sues California Department of Corrections No. 0953 Joint Employment Doctrine Under USERRA-Continued
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1.3.2.2 Continuous Accumulation of Seniority—Escalator Principle No. 53—Retroactive Promotion for Recalled Reservist No. 60—Escalator Principle Applies to Entire Period of Military-Related Absence No. 191—Sometimes David Does Beat Goliath No. 0740—Federal Employees Protected from RIF During Military Service No. 0803—First Supreme Court Case on Reemployment Statute: Fishgold v. Sullivan Drydock & Repair Corp. No. 0809—Second Supreme Court Case Relating To Reemployment Statute: Trailmobile Corp. v. Whirls No. 0820—Third Supreme Court Case Relating to Reemployment Statute: Aeronautical Industrial District Lodge 727 v. Campbell No. 0823—Fourth Supreme Court Case on Reemployment Statute: Oakley v. Louisville & Nashville Railroad Co. No. 0827—Returning Veterans & NSPS: DoD’s National Security Personnel System generates USERRA complaints No. 0828—Supreme Law: Fifth Supreme Court Case on Reemployment Statute: Ford Motor Co. v. Huffman No. 0834 Sixth Supreme Court Case on Reemployment Statute Diehl v. Lehigh Valley Railroad Co., 348 U.S. 960 (1955) No. 0844 Vacation Days: A recent settlement casts a new light on vacation accrual for Reservists who take time off for military training or service No. 0861 10th Supreme Court Case Relating to Reemployment Statute Accardi v. Pennsylvania Railroad Co., 383 U.S. 225 (1966) No. 0863 USERRA Applies to Salespersons on Commission No. 0907 12th Supreme Court Case Relating to Reemployment Statute Foster v. Dravo Corp., 420 U.S. 92 (1975) No. 0926 Mobilized Reservists and the Chicago Fire Department No. 0932 Furlough or Leave of Absence Clause Revisited No. 0933 Promotion and Pay Raise Delayed by Military Service--Am I Entitled to Back Pay? No. 0949 Retroactive Seniority Adjustment to Your Civilian Seniority Date Based on Military Interruption of Your Civilian Career No. 0954 Military Service Is Not "Just Like Maternity Leave"
1.3.2.3 Pension Credit for Service Time No. 4—Pension Rights No. 9—Pension Rights Continued No. 40—Pension Rights Continued No. 74—Pension Entitlements Under USERRA No. 75—Pension Rights Revisited No. 76—Making Up Missed Contributions to Pension Plan No. 82—Pre-Tax Dollars for Make-Up Pension Contributions No. 107—Pension Entitlements Apply To Training Duty No. 119—State Law Cannot Limit Pension Credit No. 138—Pension Credit for Military Service—Continued No. 139—Pension Credit for Military Service No. 167—Pension Rights of Federal Employees Returning From Military Service No. 0607—How Does USERRA Apply to the Relationship Among Employers and Pension Plan Administrators? No. 0703—USERRA’s Pension Rules Apply to Short-Term Military Periods No. 0732—USERRA Applies to Deferred Compensation Plans No. 0741—Am I Permitted To Make Up Missed Employee Contributions To My Pension Plan After Leaving The Employ Of The Pre-Service Employer? No. 0757—Buy Back Time: Your Primer on the Civil Service Retirement System in Regards to Military Service No. 0843 Important New Law for Military Families Affects Civilian Employers
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1.3.2.4 Status of Returning Veteran No. 79—Right To Reemployment With Successor in Interest To Pre-Service Employer and Status of Returning Veteran No. 129—Status of the Returning Veteran No. 134—Employers, Please Don’t Bother Them in Iraq No. 0747—Russell v. Equal Employment Opportunity Commission No. 0808—The Meaning in Shift: Daytime Work Is Part of the “Status” to Which the Returning Veteran Is Entitled No. 0826—Hard Cases Make Bad Law-Part Two No. 0829—USERRA Overrides the Interests of the Replacement Employee No. 0863 USERRA Applies to Salespersons on Commission
1.3.2.5 Rate of Pay after Reinstatement No. 113 Please Don’t Take Away My Pay Guarantee No. 0827 NSPS and USERRA No. 0863 USERRA Applies to Salespersons on Commission No. 0933 Promotion and Pay Raise Delayed by Military Service--Am I Entitled to Back Pay?
1.3.2.6 Health Insurance Reinstatement and Continuation No. 10 Health Insurance No. 69 Continuation of Health Insurance Coverage While Deployed No. 85 Reinstatement of Health Insurance After Military Service No. 118 Right To Reinstatement of Health Insurance After Service No. 142 Reinstatement of Your Health Insurance Upon Re-employment No. 176 Continuation of Civilian Health Insurance Coverage During Military Service No. 0705 Health Insurance Coverage for Son of Employee No. 0862 Recalled Reservist Tackles Health Flexible Saving Arrangement
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1.3.2.7 Adequate Rest Before and After Service No. 70—Adequate Travel & Rest Time Before Reporting for Military Training No. 70 Update—Adequate Travel & Rest Time Before Reporting for Military Training No. 117—Time Off From Work Before Mobilization No. 0856 Unlawful for Airline To Deny You Free-Space-Available Travel to Your Drill—Right to Time Off for Travel to and from Your Drill Weekend
1.3.2.8 Training or Retraining
1.3.2.9 Accommodations for Disabled Veterans No. 121—Reemployment of Disabled Veterans No. 130—Right To Prompt Reinstatement Despite Temporary Disability No. 136—More on Disabled Veterans No. 155—Injured National Guard Technician No. 168—Time Off From Work For Military Medical Treatment No. 199—Rights of Returning Disabled Veterans-Continued No. 0633—Limits on Rights of Disabled Veterans No. 0640—Returning Disabled Veteran to Work: Employers’ Obligations under USERRA No. 0832—Wounded Warrior’s Rights No. 0851 More Than Workers’ Comp: Employer’s USERRA obligation applies to Reservist injured on drill No. 0854 Legal Assistance for Wounded Warriors—USERRA Component No. 0931 DOJ Sues California Department of Corrections
1.3.2.10 Furlough or Leave of Absence Clause No. 41—USERRA Rights During Service No. 58—Furlough or Leave of Absence Clause Revisited No. 158—Military Leave of Absence When Mobilized No. 0844 Vacation Days: A recent settlement casts a new light on vacation accrual for Reservists who take time off for military training or service No. 0861 10th Supreme Court Case Relating to Reemployment Statute Accardi v. Pennsylvania Railroad Co., 383 U.S. 225 (1966) No. 0932 Furlough or Leave of Absence Clause Revisited No. 0933 Promotion and Pay Raise Delayed by Military Service--Am I Entitled to Back Pay? No. 0954 Military Service Is Not "Just Like Maternity Leave" No. 1004 Generous Employer Not Required to Remain Generous
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1.3.2.11 Vacations, Holidays, and Days Off No. 26—Use of Vacation for Military Service No. 59—Vacation Benefits Under USERRA No. 103—Do I Have To Work on my Day Off? No. 140—Do I Have To Work on My Day Off—Part 2 No. 188—Vacation Benefits Under USERRA No. 0720—Long Term Deployment and Vacation No. 0903 Eleventh Supreme Court Case Relating to Reemployment Statute Eagar v. Magma Copper Co., 389 U.S. 323 (1967) No. 0907 12th Supreme Court Case Relating to Reemployment Statute Foster v. Dravo Corp., 420 U.S. 92 (1975)
1.3.2.12 Special Protection Against Discharge, Except Cause No. 184—Protection From Discharge After Reemployment No. 0844 Vacation Days: A recent settlement casts a new light on vacation accrual for Reservists who take time off for military training or service No. 0861 10th Supreme Court Case Relating to Reemployment Statute Accardi v. Pennsylvania Railroad Co., 383 U.S. 225 (1966) No. 0909 Another New Case on USERRA Discrimination No. 0911 Layoffs and the Special Protection Period No. 0930 Justice Serves: DOJ sues Nevada and a Nevada corporation to enforce USERRA
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1.4 USERRA Enforcement No. 12—Enforcement of USERRA Rights No. 24—Enforcement of Reemployment Rights Outside the U.S. No. 61—Not Necessary To Establish Discriminatory Intent Under Section 4312 No. 65—Letter to Department of Justice Regarding USERRA No. 65 Clarification No 65 Response—DoJ Response to ROA letter Regarding USERRA No. 67—Enforcement of USERRA Against Executive Agencies No. 89—Enforcing USERRA Against A State No 89 Clarification No. 93—USERRA Enforcement by OSC (Continued) No. 108—Letter to Federal Agency Concerning USERRA Case Involving an Agency Employee No. 115—Can the Employer Sue Me Under USERRA? No. 148—Good News on USERRA Enforcement No. 159—Waiving the Fee for Filing a USERRA Appeal No. 163—USERRA Applies to State Department Non-Appropriated Fund Instrumentality at Embassy No. 172—USERRA Has Teeth No. 189—Appellate Review of MSPB Decisions on USERRA No. 197—Tutorial on USERRA Procedures No. 200—Is Injunctive Relief Available in a USERRA Case? No. 200 Update: Is Injunctive Relief Available in a USERRA Case? No. 205—Recent USERRA Victory No. 206—Computation of Damages in a USERRA Case No. 0605—Demonstration Project on USERRA Enforcement Within the Federal Government No. 0606—Can I Request DOJ Assistance After I Run out of Money To Pay My Lawyer? No. 0611—Does USERRA Provide for Interest on Back Pay Awards? No. 0614—Trilogy of New Rulings Affects Federal Employees No. 0623—GAO Reports on USERRA Enforcement No. 0632—I Want To Sue the Boss Personally No. 0637—Does USERRA Apply to TSA Screeners? No. 0706—Joint Employer Doctrine Revisited No. 0707 KIA and USERRA: A claim can survive the death of the plaintiff No. 0713—Willful USERRA Violation: Judge Determines Company’s Denial of Wrongdoing Is Not Credible No. 0713 Update: Court of Appeals Affirms District Court decision No. 0717—You Must Make an Effort To Mitigate Your Damages No. 0722—Federal Circuit Reverses the MSPB, Again No. 0726—MSPB Reversed, Yet Again No. 0727—Federal Government Considered “Model Employer” Under USERRA No. 0729—Kirkendall-VEOA and Equitable Tolling of Claim No. 0730—Are Schedule C Employees Protected by USERRA? No. 0731—Another Recent Case on Burden of Proof in USERRA No. 0733—City of Columbus Held Not Liable for Suicide of Returning Veteran No. 0734—GAO Reports on USERRA Enforcement No. 0737—Right to Trial by Jury under USERRA No. 0745—Recent Ohio Supreme Court Case on USERRA Enforcement No. 0747—Russell v. Equal Employment Opportunity Commission No. 0750—Target Hit: National Guard Member Wins USERRA Case Plus Tort Damages Under State Law No. 0752—Habit Forming: Federal Circuit Reverses MSPB Two More Times No. 0753—A “Motivating Factor”: USERRA Case Reiterates That Military Duty Need Only Contribute To Termination Of Employment To Be A Violation Of Law No. 0754—Firmer Teeth: Legislation Introduced to Enhance USERRA Enforcement No. 0755—The Federal Case: A Description of USERRA’s Enforcement Mechanisms for Complaints by Federal Government Employees No. 0761—Veterans' Preference Act requires a federal agency to waive maximum age rule. No 0761 Update (July 2008) No. 0763—The Office of Personnel Management Has Specific Responsibilities Under USERRA No. 0810—Attempt To Expedite USERRA Enforcement Process No. 0810 Update: Veterans’ Benefits Improvement Act of 2008 No. 0813—Despite Its Longtime Contention, AAFES Is NOT Exempt From USERRA No. 0815—New Reporting Requirement for ESGR Cases No. 0825—Hard Cases Make Bad Law No. 0826—Hard Cases Make Bad Law-Continued No. 0844 Vacation Days: A recent settlement casts a new light on vacation accrual for Reservists who take time off for military training or service No. 0847 Proposed Servicemembers Access to Justice Act No. 0847 Update: Proposed Servicemembers Access to Justice Act No. 0848 Enforcing USERRA against a State—Part 2 No. 0849 Unlawful to Fire Army Recruit No. 0852 Intelligence Not Superior: USERRA applies to Intelligence agencies No. 0857 You Cannot Waive Your Reemployment Rights Until You Return from Service No. 0858 Right to Jury Trial and Liquidated Damages Survives Death of the Unlawfully Fired Employee No. 0860 Harassment Is a Cognizable Claim under USERRA No. 0901 Non-Pecuniary Damages Available Under USERRA No. 0901 Update Non-Pecuniary Damages Available Under USERRA No. 0902 Naval Reservist Wins USERRA Case Against San Diego Police Department No. 0904 How to Prove a USERRA Discrimination Case—Continued No. 0906 When Long Service Equals No Promotion You Don’t Need a Smoking Gun to Win a Section 4311 Case Under USERRA No. 0909 Another New Case on USERRA Discrimination No. 0910 You Must Apply for Reemployment after You Leave Active Duty No. 0912 DOJ Sues NC to Enforce USERRA Regarding a Magistrate Who Is a Reservist No. 0912 Update: DOJ Sues NC to Enforce USERRA Regarding a Magistrate Who Is a Reservist No. 0918 DOJ Sues Alabama DMHMR No. 0922 Is Personal Animus Discrimination? A USERRA case may be headed to the Supreme Court. No. 0930 Justice Serves: DOJ sues Nevada and a Nevada corporation to enforce USERRA No. 0931 DOJ Sues California Department of Corrections No. 0934 Another Good Precedent on Reemployment Rights No. 0936 Ethan Allen Is Rolling Over in his Grave No. 0937 You Must Apply for Reemployment-Part 2 No. 0953 Joint Employment Doctrine Under USERRA-Continued No. 0956 Bugged: Be cautious about recording conversations with employers for use in USERRA cases No. 0963 You Must Apply for Reemployment - Part 3 No. 0953 Update OSC Settles USERRA Case with DHS
1.5 USERRA Arbitration No. 149—You Are Not Required To Arbitrate Your USERRA Complaint No 149 Update No. 0619—Mandatory Arbitration Mandate: Court Ruling Sets Back USERRA Enforcement No. 0639—Mandatory Arbitration-Continued No. 0847 Proposed Servicemembers Access to Justice Act No. 0847 Update: Proposed Servicemembers Access to Justice Act
1.6 USERRA Statute of Limitations No. 0724—Does USERRA Have a Statute of Limitations? No. 0724 Update- Legislation Precluding Statutes of Limitation in USERRA Cases No. 0725—Contractual Statute of Limitations Held To Apply To USERRA Case No. 0725 Update- Legislation Precluding Statutes of Limitation in USERRA Cases No. 0729—Kirkendall-VEOA and Equitable Tolling of Claim No. 0824—USERRA and Statute of Limitations-Continued No. 0824 Update- Legislation Precluding Statutes of Limitation in USERRA Cases No. 0847 Proposed Servicemembers Access to Justice Act No. 0847 Update: Proposed Servicemembers Access to Justice Act No. 0925 No Time Limit on Justice for the Returning Veteran No. 0948 No Time Limit on Justice for the Returning Veteran—Part 2
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1.7 USERRA Regulations No. 120—Letter to Congress About USERRA Regulations No. 169—Where Oh Where Have The USERRA Regulations Gone? No. 0604—Department of Labor’s New Regulations Give Reservists a Boost Under USERRA No. 0931 DOJ Sues California Department of Corrections
1.8 USERRA—Relationship Between USERRA and other Laws/Policies No. 18—USERRA and Employer Policies No. 25—Use of Federal Government Equipment & Time for Unit Activities No. 54—Uniformed Service Counts Toward FMLA Thresholds No. 80—USERRA and the FLSA No. 90—Key Employee Program No. 94—USERRA Overrides State Hiring Freeze No. 106—Don’t Try To Work At Your Civilian Job While On Active Duty No. 119—State Law Cannot Limit Pension Credit No. 133—States Laws, USERRA, and a $10,000 Judgment No. 157—Relationship Between Union Agreements And USERRA No. 181—Key Employee Program Continued No. 0748—Federal Law and New York Law Covering Non-Federal Public Employees in New York and Military Service No. 0765—Reservist Loses Job for Collecting Undeserved Benefits No. 0803—First Supreme Court Case on Reemployment Statute: Fishgold v. Sullivan Drydock & Repair Corp. No. 0820—Third Supreme Court Case Relating to Reemployment Statute: Aeronautical Industrial District Lodge 727 v. Campbell No. 0843 Important New Law for Military Families Affects Civilian Employers No. 0845 Law Gives Small Businesses Tax Credit on Differential Pay No. 0858 Right to Jury Trial and Liquidated Damages Survives Death of the Unlawfully Fired Employee No. 0926 Mobilized Reservists and the Chicago Fire Department No. 0933 Promotion and Pay Raise Delayed by Military Service--Am I Entitled to Back Pay? No. 1004 Generous Employer Not Required to Remain Generous
1.10 Vacation Benefits No. 0903 Eleventh Supreme Court Case Relating to Reemployment Statute Eagar v. Magma Copper Co., 389 U.S. 323 (1967)
2.0 Paid Leave For Government Employees Who Are Reserve Component Members. Under 5 U.S.C. 6323, Federal civilian employees who are members of the National Guard or Reserve receive 120 hours per fiscal year of paid military leave. Most states have similar laws for state and local government employees. The following articles discuss those laws.
No. 33 Paid Military Leave for Federal Employees. November 2001 No. 47 Good News from California. June 2002. No. 62 Paid Military Leave for Federal Civilian Employees. December 2002 No. 71 Paid Leave for Federal Employees Performing PHS Service. March-April 2003 No.126: Paid Military Leave for Federal Employees No. 141: Paid Military Leave for Federal Employees Continued (Correction 12/05/04) No. 151 Federal Employees Who Took Military Leave before 2001 May Be Entitled to Compensation No. 0614 Trilogy of New Rulings Affects Federal Employees No. 0752 Habit Forming: Federal Circuit reverses MSPB two more times No. 0835 Paid Military Leave for Federal Employees on Long-Term Military Duty No. 1003 Differential Pay for Federal Employees
Back to Top 3.0 Reserve Retirement And Civilian Employment. Section 12736 of title 10 (10 U.S.C. 12736) provides that it is unlawful to deny you civilian employment retirement credit for a period of military service on the grounds that you are receiving Reserve (age 60) retirement credit for the same period of service. This section and its implications are discussed in the following articles.
No. 2 Pension Credit for Military Service that Predates Civilian Employment. March 1998 No. 13 Pension Credit for Pre-Employment Military Service. June 2000 No. 15 Pension Credit for Military Service Continued. August 2000 No. 16 Department Involvement in State Issues. September 2000 No. 21 State Retirement Credit for Military Service. Virginia Agrees with ROA’s Position. December 2000 No. 48 Retirement Benefits for Government Employees Who Are Reservists. July-August 2002 No. 57 State ‘No Double-Dipping’ Rules Violate Federal Law. November 2002 No. 138 Pension Credit for Military Service—Continued No. 139: Pension Credit for Military Service No. 167 Pension Rights of Federal Employees Returning from Military Service No. 0607 How Does USERRA Apply To the Relationship Among Employers and Pension Plan Administrators? No. 1007 Active Duty that Enables You to Receive Reserve Retirement before Your 60th Birthday
3.1 USERRA-Federal Employment No. 0637 Does USERRA Apply To TSA Screeners?
4.0 Soldiers’ And Sailors’ Civil Relief Act (SSCRA) And The Servicemembers’ Civil Relief Act (SCRA) The SSCRA confers many important rights upon military personnel, especially Reserve component personnel called to active duty. On 19 December 2003, President Bush signed the Servicemembers’ Civil Relief Act (SCRA), a comprehensive rewrite of the SSCRA. The SCRA continues the protections included in the SSCRA and adds several important new protections. The following articles deal with the SSCRA and SCRA.
Back to Top No. 66 Letter to the Department of Justice About the SSCRA. March-April 2003. No. 92 Going on the Offensive Using Section 590 of the SSCRA. October 2003. No. 116 Servicemembers' Civil Relief Act No. 191 Sometimes David Does Beat Goliath No. 0947 Improve The Servicemembers Civil Relief Act
4.1 Right to Interest Rate Reduction upon Mobilization No. 1 Cathey v. Bancorp South: David Beats Goliath in Federal Court. October 2001. No. 45 USERRA and SSCRA Coverage for National Guard Members. June 2002 No. 112 Interest Rate Cap After Mobilization No. 0946 SCRA Does Not Protect You from Unreasonable Overdraft Fees
4.2 Right to Terminate a Lease or Contract upon Mobilization No. 72 Right To Get out of a Lease. March-April 2003 No. 110 Terminating a Vehicle Lease Upon Mobilization No. 0641 Bill Introduced To Permit Recallees To Terminate Cell Phone Contracts No. 0641 UPDATE Termination or Suspension of Cell Phone Contracts When Deployed No. 0944 Get Out of Lease upon Mobilization
4.3 Right to Continuance and Protection Against Default Judgement No. 78 Bankruptcy and the SSCRA. June 2003. No. 88 Right to Continuance of Administrative Hearing. July-August 2003. No. 0617 SCRA Applies to Bankruptcy Proceedings No. 0819 Congress Emphasizes that SCRA Applies to Child Custody Proceedings No. 0839 SCRA Does Not Apply to Arbitration Proceedings, But It Should No. 0951 What Happens to the Child When I Get Mobilized?
4.4 Right to Reinstatement of Health Insurance Coverage upon Return from Mobilization No. 118 Right to Reinstatement of Health Insurance after Service No. 0945 Does “Health Insurance” Include Income Replacement Insurance?
4.5 Protection from State/Local Tax Authorities
4.6 Eviction Protection No.111: Eviction Protection After Mobilization
4.7 Extension of Statutes of Limitations and Redemption Periods No. 0908 The SSCRA Means What It Says, Supreme Court Holds No. 0960 SCRA Tolls the Running of Statutes of Limitations
4.8 Professional Malpractice Liability Insurance Suspension and Reinstatement No. 147 Professional Malpractice Liability for Recalled Reservists in Health-Care and Legal Services Professions
4.9 SCRA Enforcement No. 0941 Does the SCRA Create a Private Right of Action? No. 0942 Attorney Fees under the SCRA
4.10 Protection against Discrimination Based on Exercise of SCRA Protections No. 0943 Is it Unlawful To Deny a Loan Because of Reserve Component Membership?
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5.0 Military Service And Family Obligations No. 22 Division of Military Pension in Divorce. January-February 2001. No. 38 Mobilization and Family Support. December 2001. No. 173 Prearranging Funerals and Excluding Relatives No. 182 Forgotten Military Orphans: Legislative Proposals for Congress to Consider No. 0635 Child Custody: SCRA can assist deployed servicemembers caught up in child custody cases, but be careful of misusing the law No. 0641 Bill Introduced To Permit Recallees To Terminate Cell Phone Contracts No. 0641 Update Termination or Suspension of Cell Phone Contracts When Deployed No. 0816 Enhanced Leave Entitlements for Family Caregivers of Wounded Warriors No. 0817 Now You Can Designate Beneficiaries for the Death Gratuity No. 0819 Congress Emphasizes that SCRA Applies to Child Custody Proceedings No. 0951 What Happens to the Child When I Get Mobilized? No. 1008 Reserve Component Survivor Benefit Plan for Reservist Who Marries After Notification of Eligibility to Participate
6.0 Military Service and Tax Law No. 68 Tax Tips for the Military—2002. March-April 2003. No. 82 Pre-Tax Dollars for Make-up Pension Contributions. July-August 2003. No. 114 The Military Family tax Relief Act of 2003 and How It Affects You No.124: Serving in a Combat Zone and Your Federal Income Taxes No.132: Taxability of Employer Payments While You Are Mobilized No. 137: Taxation of Employer Payments to Reservists and National Guard Members No. 160: 2004 Federal Tax Return Tips for Reserve and National Guard Members No. 0845 Law Gives Small Businesses Tax Credit on Differential Pay No. 0862 Recalled Reservist Tackles Health Flexible Saving Arrangement
7.0 MILITARY VOTING RIGHTS Military personnel sometimes have difficulty voting and having their ballots counted, especially when they are serving overseas. This subject is covered in the following articles.
Back to Top No. 3 Military Voting Rights. May 1998 No. 23 Military Voting Rights. March 2001 No. 43 Military Voting Rights. May 2002 No. 44 Military Voting Rights—Continued. May 2002 No. 49 Voting Rights Letter to State/Local Election Officials. July 2002 No. 55 Voting in Union Elections While Mobilized. October 2002 No. 83 Military Voting Rights. July-August 2003 No. 96 Election Officials Respond to ROA Survey. November 2003 No. 97 New Letter to Election Officials. November 2003 No. 109 New Developments in Military Voting Rights No. 143 Standby Federal Ballot if You Do Not Receive Your Regular Absentee Ballot No. 144 Where Am I Supposed to Vote? No. 145 How Do I Find Information about Candidates and Officials in My Home State? No. 146 Interim Voting Assistance System No. 179 Voting in NLRB Elections while Mobilized No. 193 Election Officials Must Accept The FPCA No. 194 Federal Law Overrides State “Not Earlier Than” Rules No. 195 Congress Provides Standard Federal Oath for Military Voting No. 196 Federal Write-in Absentee Ballot No. 204 Domicile of Military Spouses for Voting and Taxation Purposes No. 0601 (old 207) Vote, And Make Sure Your Vote Is Counted No. 0602 Make Sure Your Vote Is Counted (For UOCAVA Voters) No. 0603 Virginia Voter Registrar Unlawfully Challenges The Voter Registration Of Military Personnel And Spouses No. 0618 Military Spouse Voting in Virginia—Problem Solved No. 0709 Letter to Election Officials About Military Voting No. 0759 Get In the Vote: GAO issues scathing report on voting woes for military members No. 0950 Military Voting Rights in Virginia No. 0950 Update Military Voting Rights in Virginia-Continued No. 0955 Congress Enacts Important New Protections for Military and Overseas Voters No. 0958 Military Voting—What About State Elections? No. 0959 Congress Enacts New Provisions for Military Spouse Voting and Taxation
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8.0 Veterans' Preference No. 0761 Veterans' Preference Act requires a federal agency to waive maximum age rule No. 0761 Update (July 2008) No. 0801 Veterans Preference Supreme Court Case No. 0850 Veterans’ Preference Act Enforcement No. 0921 Federal Circuit Again Reverses the MSPB for Ignoring Rights of Veterans No. 0957 Here are the eligibility standards for veterans earning special credits for federal civilian jobs No. 0971 Federal Circuit Reverses the MSPB Yet Again - When Will They Ever Learn? No. 1001 New Executive Order on Employment of Veterans in the Federal Government No. 1002 Voluntary v. Involuntary Service—Continued
9.0 Miscellaneous No. 14 Effect of Reserve Drill Pay on Unemployment Compensation. July 2000 No. 16 Department Involvement in State Issues. September 2000 No. 17 Summary of Published Articles. October 2000 No. 19 Promotion Board Consideration of Reserve Officers on Active Duty. December 2000 No. 20 Service Academy Appointments for Children of RC Members. December 2000 No. 27 The Military Whistleblower Protection Act. July 2001 No. 37 Elected Officials and Reserve Duty. December 2001. No. 90 The ‘Key Employee’ Program. September 2003. No.125: Legal Assistanceand it's Free No.131: Criminal Prohibition on Salary Supplement for Reserve or Guard Personnel No. 131 Update: Criminal Prohibition on Salary Supplement for Reserve or Guard Personnel No. 147 Professional Malpractice Liability for Recalled Reservists in Health-Care and Legal Services Professions No. 166 Barring Military Recruiters from College and University Campuses No. 168 Time Off from Work for Military Medical Treatment No. 169 Where Oh Where Have the USERRA Regulations Gone? No. 171 My Professional License Has Expired-Help! No. 173 Prearranging Funerals and Excluding Relatives No. 175 Mobilization Issues That Affect You And Your Employer No. 177 Does USERRA Apply to the Railroad Retirement System? No. 178 Bum Scoop Can Have Bad Consequences No. 179 Voting in NLRB Elections while Mobilized No. 181 Key Employee Program Continued No. 202 Illinois Leads the Way in Supporting Families of Mobilized Reservists No. 0606 Can I Request DOJ Assistance After I Run Out Of Money To Pay My Lawyer? No. 0608 I'm Not Dead Yet: If Social Security Says You're Dead, Get a Second Opinion No. 0612 Supreme Court Gets It Right No. 0615 Under UCMJ, right to free speech does not mean anything goes No. 0638 Interest Rate Reduction to 6 Percent After Mobilization No. 0708 Stolen Valor Act Signed into Law No. 0721 Veterans’ Preference Act No. 0742 Predatory Lending: Servicemembers get new protections from some loan practices. No. 0743 Death Gratuity and the “Blended” Military Family No. 0744 How the Death Gratuity Could Be Better Handled for Forgotten Military Orphans: Legislative Proposals for Congress to Consider No. 0748 Federal Law and New York Law Governing Non-Federal Public Employees in New York and Military Service No. 0749 USERRA Primer No. 0751 Rules Change for Flying Flag at Half-Staff No. 0757 Buy Back Time: Your primer on the Civil Service Retirement System in regards to military service No. 0764 High School Recruiting: Military recruiters have access to secondary schools No. 0802 Way Back Pay: Legislation addresses retroactive promotions for World War II Navy and Marine Corps POWs No. 0802-Update No. 0806 Taxation of Disability Retirement Payments No. 0806-Update No. 0814 Vets May Give a Military Salute Thanks to Benefits-Filled NDAA No. 0818 My Professional License Has Expired-Part 2
10.0 Supreme Court Cases
10.1 Supreme Court Cases on Reemployment No. 0803 First Supreme Court Case on Reemployment Statute: Fishgold v. Sullivan Drydock & Repair Corp. No. 0809 Second Supreme Court Case Relating to Reemployment Statute: Trailmobile Corp. v. Whirls, 331 U.S. 40 (1947) No. 0820 Third Supreme Court Case Relating to Reemployment Statute: Aeronautical Industrial District Lodge 727 v. Campbell No. 0823 Fourth Supreme Court Case Relating to Reemployment Statute Oakley v. Louisville & Nashville Railroad Co., 338 U.S. 278 No. 0828 Fifth Supreme Court Case on Reemployment Statute, Ford Motor Co. v. Huffman No. 0834 Sixth Supreme Court Case on Reemployment Statute Diehl v. Lehigh Valley Railroad Co. No. 0842 Seventh Supreme Court Case on Reemployment Statute McKinney v. Missouri-Kansas-Texas Railroad Co. No. 0846 Eighth Supreme Court Case Relating to Reemployment Statute Tilton v. Missouri Pacific Railroad Co., 376 U.S. 169 (1964) No. 0853 Ninth Supreme Court Case Relating to Reemployment Statute Brooks v. Missouri Pacific Railroad Co.. 376 U.S. 182 (1964) No. 0861 10th Supreme Court Case Relating to Reemployment Statute Accardi v. Pennsylvania Railroad Co., 383 U.S. 225 (1966) No. 0903 Eleventh Supreme Court Case Relating to Reemployment Statute Eagar v. Magma Copper Co., 389 U.S. 323 (1967) No. 0907 12th Supreme Court Case Relating to Reemployment Statute Foster v. Dravo Corp., 420 U.S. 92 (1975) No. 0915 13th Supreme Court Case Relating to Reemployment Statute Alabama Power Co. v. Davis, 431 U.S. 581 (1977) No. 0919 14th Supreme Court Case Relating to Reemployment Statute Coffy v. Republic Steel Corp.,447 U.S. 191 (1980) No. 0923 15th Supreme Court Case Relating to Reemployment Statute Monroe v. Standard Oil Co. 452 U.S. 549 (1981) No. 0929 16th Supreme Court Case Relating to Reemployment Statute King v. St. Vincent’s Hospital, 502 U.S. 215 (1991)
10.2 Other Supreme Court Cases No. 0612 Supreme Court Gets It Right No. 0801 Supreme Court holds that veterans' preference is not sex discrimination No. 0908 The SSCRA Means What It Says, Supreme Court Holds No. 0917 Supreme Court Upholds Constitutionality of the SSCRA No. 0928 Not So ‘Harmless Error’: Supreme Court decides against veteran in claim process case
11.0 Veterans' Claims No. 0928 Not So ‘Harmless Error’: Supreme Court decides against veteran in claim process case No. 0938 Due Process Clause Held To Apply to Veteran’s Claim
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NUMERICAL INDEX
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