Section 7 General Rule
| Library | Employer-Employee Law 2008 |
The right to prompt reemployment includes the right to reemployment into the employee’s “escalator” position, which is the position the employee would have held if the person’s employment had not been interrupted by military service, with the attendant pay (which may include increases), seniority rights, and status. 38 U.S.C. §§ 4312 and 4313; 20 C.F.R. §§ 1002.192–1002.196; Clegg v. Ark. Dep’t of Corr., 496 F.3d 922,
930–31 (8th Cir. 2007) (no violation of 38 U.S.C. § 4312 when employer reinstated...
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