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Fewer USERRA violations these days, says ESGR chief
Compared to 10 years ago, violations of the employment rights of U.S. military reservists and guard members are drastically lower, according to the Employers Support of the Guard and Reserve last Wednesday at the general membership meeting of the Society for Human Resource Management at the Pacific Islands Club Saipan.
Guam and CNMI ESGR chair Donald Clark reiterated this in a later interview with Saipan Tribune, that there are fewer violations of the Uniformed Services Employment and Reemployment Rights Act of 1994, or the USERRA, than before due to efforts exerted to educate employers, military reservists, and Guard members.
There are still some cases of USERRA rights being violated, Clark said, but it isn’t what it used to be 10 years ago, when the ESGR would get over 50 complaints annually. That’s down to roughly 10 cases annually, according to Clark.
“When we started [10 years ago] there was very little knowledge of this law by the employers and the employees, but once we started to educate them, the employees started realizing [about their employment rights],” he said.
USERRA protects the jobs of active and reserve military personnel in the U.S. when they are called to serve, keeping their civilian jobs for them.
“I believe the reason [for this change] is that employers are more educated and so they are aware of this law and they make sure they are not violating this. Employees are also aware of this law and they are making sure their employers aren’t violating the law either,” he said.
USERRA prohibits employers from terminating positions held by people who volunteer or are involuntarily called to active duty. Benefits that are usually offered to regular employees will be retained and offered to the reservist or Guard member as if they were never gone from employment.
The law is designed to protect their jobs and to prevent discrimination against individuals who choose to serve in the U.S. military, Clark said.
The law can be retroactive in nature, and those who wish to report a possible violation of their rights may contact the Guam office through www.ESGR.mil/gu or through their office number at (671) 735-0456.
