C.F.R. » Title 20 » CHAPTER IX—OFFICE OF THE ASSISTANT SECRETARY FOR VETERANS' EMPLOYMENT AND TRAINING SERVICE, DEPARTMENT OF LABOR › PART 1002—REGULATIONS UNDER THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994 › Subpart E—Reemployment Rights and Benefits

20 C.F.R. § 1002.192

How is the specific reemployment position determined?

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In all cases, the starting point for determining the proper reemployment position is the escalator position, which is the job position that the employee would have attained if his or her continuous employment had not been interrupted due to uniformed service. Once this position is determined, the employer may have to consider several factors before determining the appropriate reemployment position in any particular case. Such factors may include the employee's length of service, qualifications, and disability, if any. The reemployment position may be either the escalator position; the pre-service position; a position comparable to the escalator or pre-service position; or, the nearest approximation to one of these positions.

Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 2008–2025 · leading case: Dianne Butts v. Prince William Cnty. Sch. Bd., 844 F.3d 424 (4th Cir. 2016).
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Dianne Butts v. Prince William Cnty. Sch. Bd., 844 F.3d 424 (4th Cir. 2016). · cites it 3× “” 20 C.F.R. § 1002.192 . One factor is whether a veteran has a service-related disability.”
Serricchio v. Wachovia Sec. LLC, 658 F.3d 169 (2d Cir. 2011). “See 20 C.F.R. § 1002.192 . Instead, Wachovia argues that not all declines in the book of business were the product of Wachovia’s actions — for example, Serricchio’s partners took certain of his accounts with them when they left Wachovia.”
Rivera-Melendez v. Pfizer Pharm., LLC, 730 F.3d 49 (1st Cir. 2013). · cites it 2× “During the comment period following the Department’s issuance of the proposed regulations in 2004, an employer association suggested that in cases involving promotion based on employer discretion, 20 C.F.R. § 1002.192 8 would require employers “to speculate whether a returning…”
Davis v. Crothall Servs. Grp., Inc., 961 F. Supp. 2d 716 (W.D. Pa. 2013). · cites it 2× “” 20 C.F.R. § 1002.192 (1996). Courts have held that internal reorganizations may result in elimination of a veteran's position while the veteran is deployed, rendering it impossible to reemploy the plaintiff in his former position because it no longer existed.”
Serricchio v. Wachovia Sec., LLC., 556 F. Supp. 2d 99 (D. Conn. 2008). “The reinstatement position may be “a position comparable to the escalator or pre-service position; or, the nearest approximation to one of these positions,” 20 C.F.R. § 1002.192 (emphasis added). An employer may even be required to move another employee in order to make room for…”
Hogan v. United Parcel Serv., 648 F. Supp. 2d 1128 (W.D. Mo. 2009). “20 C.F.R. § 1002.192 states that the “starting point” for determining the proper reemployment position is the escalator position, but — depending on factors such as the employee’s length of service, qualifications, and disability — , “[t]he reemployment position may be either…”
Huff v. Winston, 790 S.E.2d 226 (Va. 2016). “" 20 C.F.R. §§ 1002.192 & 1002.195. In the case of a service member who returns from service with a disability, the employer must make "reasonable efforts" to accommodate the disability in the escalator position if the service member is not qualified to be employed in the…”
Paxton v. City of Montebello, 712 F. Supp. 2d 1007 (C.D. Cal. 2010). “191 ; see also 20 C.F.R. § 1002.192 (“In all cases, the starting point for determining the proper reemployment position is the escalator position, which is the job position that the employee would have attained if his or her continuous employment had not been interrupted due to…”
Jackson v. City of Birmingham, 364 F. Supp. 3d 1310 (N.D. Ala. 2019). “" 20 C.F.R. § 1002.192 ("In all cases, the starting point for determining the proper reemployment position is the escalator position, which is the job position that the employee would have attained if his or her continuous employment had not been interrupted due to uniformed…”
Texas Dep't of Pub. Saf. v. Leroy Torres (Tex. App. 2025). · cites it 2× “12 Regulations 20 C.F.R. § 1002.192 ....................”
Tole v. Amazon.com Inc (W.D. Wash. 2023). “” 20 C.F.R. § 1002.192 ; see also 6 20 C.F.”
Tole v. Amazon.com Inc (W.D. Wash. 2024). “” 20 C.F.R. § 1002.192 ; see also 20 C.F.R.”
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