Operational Reservist; Their Civilian Employers and the Uniformed Services Employment and Reemployment Rights Act (USERRA)

摘要

Members of the Reserve Components (RC) have had to balance a military career along with a civilian career. Often times, this balance works to the advantage of both the military and the civilian employer. However, a persistent state of conflict and has altered the use of the reserve components from a strategic reserve to an operational reserve, the customary balance between a military and a civilian career is now being threatened by multiple deployments. This paper will examine the effects of multiple mobilizations/deployments on RC and their employers; Uniformed Services Employment and Reemployment Rights Act (USERRA) protections; ease of processing complaints and explore possible improvements. This paper will also review the Employer Support Guard and Reserve (ESGR) awareness campaigns to RC and to civilian employers to mitigate complaints between the reservist and their employers, brought on by multiple calls to duty. The paper will also examine the status and compliance rate of the Civilian Employment Information Database; Notice to Covered Individuals and Continuation of Health Care Coverage. Lastly, this paper will offer recommendation(s) on possible ways reservist and civilian employers can minimize post-mobilization employment conflicts in accordance with USERRA.