1. An employer says the job is no longer available.
Many employers don’t realize that returning veterans have an absolute right to have their jobs restored when they return from active duty. The Uniformed Services Employment and Reemployment Rights Act protects returning veterans from job loss due to their military service. Not only does USERRA require that your job be restored if you’ve been on active service five years or less with that employer, but you are entitled to be restored to the job and benefits that you would have attained had you not been absent.
For instance, if it is reasonably certain you would have been promoted due to seniority, but were on active duty when the promotion was made, you may be entitled to that promotion even if someone else is in the position when you return. Your employer must offer trainingthat will get you qualified for that higher position, if necessary. If you need to take a test for the promotion, the employer should allow you to take the test when you return.
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