USERRA Advisor

The law provides that reemployment is not required where the position left to enter the service was for a brief and nonrecurrent period and which could not reasonably be expected to continue indefinitely or for a significant period.

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, without a reasonable expectation of continuing indefinitely or for a significant period. See 20 CFR Part 1002.139.

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

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