USERRA Advisor

Reemployment of a person is excused if an employer's circumstances have changed so much that reemployment of the person would be impossible or unreasonable. An example would be a reduction-in-force that would have included the individual.

Under Section 4312(d)(2)(C) of USERRA, the employer has the burden of PROVING (not simply asserting) the impossibility or unreasonableness, undue hardship, or the brief, nonrecurrent nature of the employment. See 20 CFR Part 1002.139.

If more information is needed, contact your local VETS office.

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