Protection From Discharge Upon Return To Work

USERRA provides that employees returning from military service of more than 30-days duration cannot be discharged except for cause for the period following return of either the first 180 days or one year, depending on the length of the absence. The employer bears the burden of proving the employee was discharged for cause, and must establish the discharge was reasonable and the employee had notice the conduct would constitute cause for discharge. In addition to conduct-based discharge, the regulations recognize cause may arise from other legitimate and non-discriminatory reasons, such as a reduction in force.