Section 31 Other Requirements

• Library: Emp-Emp Law 2000

To be entitled to reemployment, the person in the uniformed services must give advance written or verbal notice of service to the employer. 38 U.S.C. § 4312(a)(1). The cumulative length of the absence and of previous absences from that employment cannot exceed five years. 38 U.S.C. § 4312(a)(2). The person seeking reemployment must report to the employer or submit an application for reemployment. 38 U.S.C. § 4312(a)(3).

100. (§7.32) Limitations on Employer Responsibility

If an employee meets all statutory requirements, an employer must rehire the veteran in a position of like status, seniority, and pay with three limited exceptions. 38 U.S.C. § 4312(a). The

employer has the burden of proving the exceptions. 38 U.S.C. § 4312 (d)(2).

First, if the employer’s circumstances have changed to the extent that reemployment would be impossible or unreasonable, the employer’s responsibility is waived. 38 U.S.C. § 4312(d)(1)(A). See also Carr v. RCA Rubber Co., 609 F. Supp. 526 (N.D. Ohio 1985), in...