Section 32 Limitations on Employer Responsibility

• Library: Emp-Emp Law 2000

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 which the district court refused to apply the changed circumstances exception (under 38 U.S.C. § 2021(a)(B) of the VRR Act) to the successor in interest of the veteran’s former employer. In this particular case, the former employer (Eclat) merged into the successor (RCA Rubber Co.) by means of a stock transfer transaction. As a result, the assets and liabilities of...