The Law Office of Richard Vaznaugh

Expertise in Workplace Rights for California Workers

The Law Office of Richard Vaznaugh
220 Montgomery Street
Suite 2100
San Francisco, CA 94104
Phone: (415) 593-0076
Fax: (415) 653-8935

Vaznaugh Weekly

Topic of the Week  Members of the Military Have Employment Rights Too

As a member of the United States Uniformed Services, you are entitled to special workplace protections under federal law. The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) seeks to ensure that those who serve their country can retain their civilian employment and benefits, and can seek employment free from discrimination because of their service. USERRA provides protections to members of the Uniformed Services who must leave their civilian employment for a period of time due to activation of military service. USERRA distinguishes military leave from other types of personal leave and thus military leave is governed under federal standards rather than employer based policies

1. Who is covered by USERRA?

USERRA's reemployment rights potentially cover every individual in the country who serves in or has served in the uniformed services, whether voluntarily or involuntarily, and applies to all employers in the public and private sectors, including Federal employers.

2. What happens to my job while I am on military leave?

When you return from military service, you must be reemployed in the job that you would have had if you had not been absent for military service (known as the "escalator" principle) and with the same seniority, status and pay, as well as other rights and benefits determined by seniority. The escalator principle requires that each returning service member actually step back onto the seniority "escalator" at the point the person would have occupied if the person had remained continuously employed. However, the position may not necessarily be the same job you previously held.

Thought of the Week

"Hiring a Guardsman or a Reservist makes good business sense. These are disciplined and skilled workers who display pride, leadership, responsibility, and professionalism in what they do. They understand the mission of their civilian jobs and make it a priority to get results, all while displaying a strong work ethic. Service members often possess advanced skills, certifications and education and are more valuable employees and service members and an essential element in sustaining the All-Volunteer Force in the future."

–Workplace Fairness

Weekly Comic by Jerry King

Weekly Comic by Jerry King

Blog of the Week

Leveraging Federal Funds for Employment

We want to advance towards our long-term goal of a democracy that works for all of us, with sustainable jobs in a clean economy.

Top Five News Headlines

  1. Workers Protesting for Safer Conditions at Dollar General After Deaths
  2. Diddy is Suing the Co-Owner of His Tequila for Racial Discrimination
  3. Job-Hopping Doesn't Pay What It Used To
  4. Why Major Real Estate Firms are Recruiting Black Student-Athletes
  5. Companies are Attempting to Understand Gen Z Workers

List of the Week

from BLS

Military service members dominate three fields:

  • mechanical and repair
  • engineering, science, and technical
  • transportation and material handling

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