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Unread 10-30-2001, 07:56 AM
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Default USERRA & Enlistment

Is an employee who submits a formal resignation in order to enlist in the armed forces covered, in full or in part, under the USERRA? This is certainly a voluntary act, but is it the sort of voluntary active duty contemplated under the statute? The employee has no previous military affiliation, and has not been called to serve.

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Unread 10-31-2001, 02:09 AM
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Default RE: USERRA & Enlistment

I don't think he can write away his rights under USERRA with a formal resignation. If I'm understanding it correctly, it doesn't matter how he got there -- it only matters that he is in the uniformed services.
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Unread 11-01-2001, 03:18 AM
James Sokolowski
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Default RE: USERRA & Enlistment

Yes, USERRA protects employees who enlist in the military out of the blue. Protection lasts five years. You can find an article on military leave here:

James Sokolowski
Senior Editor
M. Lee Smith Publishers
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