Question
The Uniform Services Employment and Re-Employment Rights (USERRA) was enacted in 1994.It provides re-employment and benefit protection rights for returning military personnel and prohibits discrimination
The Uniform Services Employment and Re-Employment Rights (USERRA) was enacted in 1994.It provides re-employment and benefit protection rights for returning military personnel and prohibits discrimination against individuals because of their application for , or performance of, military service.
Ann just returned from covert military operations in the Middle East after having been deployed six months earlier. Prior to her deployment, Ann worked for XYZ, Inc. as a hardware salesperson.Upon her return, she is seeking the same job she previously had.She is allowed to return, and resume, active employment with XYZ, Inc..However, upon her return, Ann discovers that her previous boss was fired and Clyde is new supervisor.Clyde treats Ann miserably and often expresses his political views against U.S. military involvement overseas.He also assigns Ann more difficult tasks for her to perform than her similarly-situated counterparts.Ann complains to human resources about such treatment and unwelcomed commentary.Nothing changes; Ann quits her job and argues she has been "constructively discharged" and that her USERRA rights have been violated.Is she correct?Does USERRA provide relief based on these circumstances?What are the company defenses, if any?Discuss, and discuss, fully?
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