20 C.F.R. § 1002.247

Does USERRA provide the employee with protection against discharge?

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Yes. If the employee's most recent period of service in the uniformed services was more than 30 days, he or she must not be discharged except for cause—

(a) For 180 days after the employee's date of reemployment if his or her most recent period of uniformed service was more than 30 days but less than 181 days; or,

(b) For one year after the date of reemployment if the employee's most recent period of uniformed service was more than 180 days.

Notes of Decisions
Cited in 1 case, 2018–2018 · leading case: Dyal v. Pirtano Constr., Inc. (N.D. Ill. 2018).
Dyal v. Pirtano Constr., Inc. (N.D. Ill. 2018). “20 C.F.R. § 1002.247 . Defendants present evidence that Plaintiff Dyal did not serve in the military for a period exceeding 30 days in the 180 days prior to his termination—evidence that Plaintiffs admit.”
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