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USERRA Compliance: Know Your Duty to Returning Military Personnel


Course Description:

On November 26, 2007 President Bush signed a deal ending the U.N.-mandated occupation of Iraq in December 2008.  There are more than 160,000 U.S. troops in Iraq now — and according to the agreement we can expect a decrease of up to 120,000 troops by the end of ‘08.

With approximately 1,426,713 U.S. military personnel on active duty and an additional 1,259,000 in the seven reserve components, it’s likely your organization will deal with a returning veteran within the next year. Are you prepared to comply with USERRA regulations upon their return? 

Penalties for violations are exorbitant.  An employee claiming a USERRA violation could file a civil action and collect double damages for a willful violation. You could also be liable for the employee’s attorney’s fees and court costs — and two recent court decisions even held management and supervisors personally liable for violations.  Consider:

  • In 2006, Agilent Technologies was ordered to pay a Marine Corps Reservist deployed to Iraq, $383,761 for terminating his employment just months after his return from active duty.
  • In July 2007, the City of Port St. Lucie reinstated a demoted meter reader and had to pay her $60,000 to settle a race discrimination and USERRA lawsuit.
  • The U.S. Justice Dept. recently filed a suit again American Airlines alleging they violated USERRA by denying pilots employment benefits during their military service.
  • In October 2007, the DOJ filed its first ever federal class action lawsuit under USERRA against the Clerk of the Circuit Court for Hillsborough County, Fla.  The complaint alleges that the clerk violated USERRA by failing and refusing to reinstate a U.S. Army Reservist to her civilian employment position. 

Do you have adequate controls in place to prevent costly litigation — and protect your managers from personal liability?  Join CCM and our expert faculty to learn the re-employment rights of returning veterans as well as the associated requirements of the employer, including:

  • The two ways employers can be relieved of their obligations under USERRA
  • How the definition of "employer" as set forth in USERRA differs vs. other federal statutes “For cause” vs. “at-will” employment and returning military personnel
  • Learn your employees’ rights —and their obligations— for reemployment
  • Gain insight into the time frames for reemployment
  • Understand how vacation accrual and usage is impacted by USERRA
  • How to administer benefits and pension plans with USERRA
  • Reemployment: What you must do to meet USERRA requirements
  • Understand your organization’s obligation to provide training
  • What is your obligation to returning employees with disabilities?
  • Who isn’t covered by USERRA

Featured Faculty:

Raymond W. Bertrand, Partner, Paul Hastings

Raymond Bertrand is a partner in the firm’s Employment Law practice. He represents employers in a wide range of employment litigation matters, including matters involving wage and hour, employment discrimination and wrongful discharge claims. His clients include major companies in the financial services, communications, entertainment, retailing and manufacturing industries.

MONEY-BACK GUARANTEE:

We're so confident you'll get what you want out of this conference that we'll refund every penny if you're not completely satisfied. No questions asked! It's 100% risk-free!

Pricing:

Item
CCM Preferred Customer Price
CD and Event Materials
$269.00

Unable to Attend?  Order the CD!
Your CD recording includes the complete audio conference presentation, audience Q&A and presentation materials.

APPROVED FOR RECERTIFICATION CREDIT:

HRCT HRCI - Receive 1.5 recertification credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI). For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org.

 

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