Servicemember Protections Required to Build and Maintain an Operational Reserve
Abstract
One of the requirements for maintaining an operational Reserve is to provide protections for members of the National Guard and Reserve vis-a-vis the employers they work for at home. The Uniformed Services Employment and Reemployment Rights Act (USERRA 38 U.S.C. 4301-4334) provides a series of protections that have been created and amended by Congress and interpreted by executive agencies such as the Department of Labor for the benefit of service members and their employers. Gaps in the law still exist, however, and this strategy research project seeks to illustrate a number of those gaps. These gaps include suing a State as an employer, the role of employer-employee arbitration agreements within the USERRA context, a definition of career service and its lack of protection under USERRA, and the remedies a National Guard member or Reservist has available to him or her under the statute. Lastly, this strategy research project discusses proposals for improvements to the statute to strengthen the protections, under Congressional intent, to encourage noncareer service in the uniformed services.
Document Details
- Document Type
- Technical Report
- Publication Date
- Mar 30, 2007
- Accession Number
- ADA469201
Entities
People
- George C. Aucoin
Organizations
- United States Army War College