20 C.F.R. § 1002.118
Is an application for reemployment required to be in any particular form?
An application for reemployment need not follow any particular format. The employee may apply orally or in writing. The application should indicate that the employee is a former employee returning from service in the uniformed services and that he or she seeks reemployment with the pre-service employer. The employee is permitted but not required to identify a particular reemployment position in which he or she is interested.
Notes of Decisions
Cited in 7
cases (2 in the last 5 years), 2011–2026 · leading case: Serricchio v. Wachovia Sec. LLC, 658 F.3d 169 (2d Cir. 2011).
Serricchio v. Wachovia Sec. LLC, 658 F.3d 169 (2d Cir. 2011). “1970); accord 20 C.F.R. § 1002.118 (“An application for reemployment need not follow any particular format.”
Samuel Scudder v. Dolgencorp, 900 F.3d 1000 (8th Cir. 2018). “" 20 C.F.R. § 1002.118 . In determining whether an application is sufficient, "the critical inquiry always must be whether, considering all the circumstances, a reasonable employer would be put on notice that the applicant is a returning veteran who seeks reemployment.”
United States v. Nevada, 817 F. Supp. 2d 1230 (D. Nev. 2011). “20 C.F.R. § 1002.118 . Nonetheless, it requires “more than a mere inquiry” and must comport with the “ ‘reasonable expectations of both the former employee and employer, in light of all the circumstances.”
Shea v. Iron Workers Dist. Council of New England Pension Fund, 158 F. Supp. 3d 20 (D. Mass. 2016). “20 C.F.R. § 1002.118 (2006). The service-member must submit the application to 1) the pre-service employer, 2) the agent or representative of the pre-service employer with apparent responsibility for receiving employment applications, or 3) the successor-in-interest to the…”
Akpa (D. Maryland 2026). “” 20 CFR, § 1002.118 . The application may occur either “orally or in writing,” but it “should indicate that the employee is a former employee returning: from service in the uniformed services and that he or she seeks reemployment with the pre-service employer.”
Grooms v. Dolgencorp, LLC (N.D. Miss. 2019). “” 20 C.F.R. § 1002.118 . The application may occur either “orally or in writing,” but it “should indicate that the employee is a former employee returning from service in the uniformed services and that he or she seeks reemployment with the pre-service employer.”
Stitsworth v. Forest River, Inc. (N.D. Ind. 2024). “” 20 C.F.R. § 1002.118 . An employee “may apply orally or in writing” and the “application should indicate that the employee is a former employee returning from service in the uniformed services and that he or she seeks reemployment with the pre-service employer.”
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