38 U.S.C. § 4304

Character of service

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 38 CasesGoogle Scholar

A person’s entitlement to the benefits of this chapter by reason of the service of such person in one of the uniformed services terminates upon the occurrence of any of the following events:(1) A separation of such person from such uniformed service with a dishonorable or bad conduct discharge.(2) A separation of such person from such uniformed service under other than honorable conditions, as characterized pursuant to regulations prescribed by the Secretary concerned.(3) A dismissal of such person permitted under section 1161(a) of title 10.(4) A dropping of such person from the rolls pursuant to section 1161(b) of title 10.(Added Pub. L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3152.)Editorial NotesPrior Provisions

Prior sections 4304 to 4306 were omitted in the general amendment of this chapter by Pub. L. 103–353. Those sections, as in effect on the day before Oct. 13, 1994, continue to apply to reemployments initiated before the end of the 60-day period beginning Oct. 13, 1994, see section 8 of Pub. L. 103–353, as amended, set out as an Effective Date under section 4301 of this title.

Section 4304, added Pub. L. 93–508, title IV, § 404(a), Dec. 3, 1974, 88 Stat. 1598, § 2024; amended Pub. L. 94–286, § 2, May 14, 1976, 90 Stat. 518; Pub. L. 94–502, title VI, § 608(3), Oct. 15, 1976, 90 Stat. 2405; Pub. L. 96–466, title V, § 511, Oct. 17, 1980, 94 Stat. 2207; Pub. L. 99–576, title VII, § 701(60), Oct. 28, 1986, 100 Stat. 3296; Pub. L. 102–12, § 8(a)(1), (b)(1), Mar. 18, 1991, 105 Stat. 38; renumbered § 4304 and amended Pub. L. 102–568, title V, § 506(a), (c)(3), Oct. 29, 1992, 106 Stat. 4340, 4341, related to reemployment rights of persons who enlist in the Armed Forces or enter upon active duty.

Another prior section 4304 was renumbered section 7604 of this title.

Section 4305, added Pub. L. 93–508, title IV, § 404(a), Dec. 3, 1974, 88 Stat. 1600, § 2025; renumbered § 4305, Pub. L. 102–568, title V, § 506(a), Oct. 29, 1992, 106 Stat. 4340, directed the Secretary of Labor, through the Office of Veterans’ Reemployment Rights, to render assistance in obtaining reemployment.

Section 4306, added Pub. L. 93–508, title IV, § 404(a), Dec. 3, 1974, 88 Stat. 1600, § 2026; renumbered § 4306, Pub. L. 102–568, title V, § 506(a), Oct. 29, 1992, 106 Stat. 4340, related to prior rights for reemployment in a case in which more than one person is entitled to be reemployed.

A prior section 4307, added Pub. L. 102–25, title III, § 339(a), Apr. 6, 1991, 105 Stat. 91, § 2027; renumbered § 4307, Pub. L. 102–568, title V, § 506(a), Oct. 29, 1992, 106 Stat. 4340, related to qualification for employment position, prior to repeal by Pub. L. 103–353, § 8(d)(2), Oct. 13, 1994, 108 Stat. 3176, eff. Aug. 1, 1990.

Statutory Notes and Related SubsidiariesEffective Date

Section effective with respect to reemployments initiated on or after the first day after the 60-day period beginning Oct. 13, 1994, with transition rules, see section 8 of Pub. L. 103–353, set out as a note under section 4301 of this title.

Notes of Decisions

Cited in 24 cases (2 in the last 5 years), 1996–2024 · leading case: Petty v. Metro. Gov't of Nashville-Davidson Cnty., 538 F.3d 431 (6th Cir. 2008).

Sort: Relevance Newest Treatment

Petty v. Metro. Gov't of Nashville-Davidson Cnty., 538 F.3d 431 (6th Cir. 2008). · cites it 2× “” 38 U.S.C. § 4304 (2). Metro contends only that Petty failed to provide the documentation requirements of § 4312(f)(1), which provides that upon the request of the employer, the returning veteran shall provide documentation establishing that he has satisfied these four…”

Pittman v. Dep't of Just., 486 F.3d 1276 (Fed. Cir. 2007). · cites it 2× “Pittman also argues that he is entitled to the “full protections of USERRA, including reemployment” because the honorable character of his military service met the requirements of 38 U.S.C. § 4304 and because the government failed to assert defenses under 38 U.”

Alvin G. Sykes v. Columbus & Greenville Ry., 117 F.3d 287 (5th Cir. 1997). · cites it 2× “§ 2024 (a) was transferred and renumbered as 38 U.S.C. § 4304 pursuant to the Veterans’ Benefit Act of 1992, Pub.”

Wrigglesworth v. Brumbaugh, 121 F. Supp. 2d 1126 (W.D. Mich. 2000). · cites it 2× “” 38 U.S.C. § 4304 . This statutory language scheme demonstrates two separate and distinct statutory protections.”

Satterfield v. Borough of Schuylkill Haven, 12 F. Supp. 2d 423 (E.D. Pa. 1998). “” 38 U.S.C. § 4304 (4)(A). The Defendants argue that the individual Defendants named in the suit do not qualify as “employers” under this definition.”

Lapine v. Town of Wellesley, 304 F.3d 90 (1st Cir. 2002). “While the Town varies its arguments, the essence of its claim of legal error seems to be that 38 U.S.C. § 4304 (b)(1), the statute then applicable to reservists, like Lapine, required that he leave his civilian employment in direct response “to an order or call to active duty.”

Jbari v. Dist. of Columbia, 304 F. Supp. 3d 201 (D.C. Cir. 2018). “§ 4312 ); 38 U.S.C. § 4304 . An employer may escape liability if it can show that reemployment would impose an undue hardship; "the employer's circumstances have so changed as to make such reemployment impossible or unreasonable"; or the service member's position was "for a…”

Adams v. Penn Line Servs., Inc., 620 F. Supp. 2d 835 (N.D. Ohio 2009). · cites it 2× “1 38 U.S.C. § 4304 . *840 Adams’ counsel failed to determine Adams’ status with the Army prior to filing his Complaint, or anytime thereafter during the nine months of litigation.”

Roberto Tirado-Acosta v. Puerto Rico Nat'l Guard, 118 F.3d 852 (1st Cir. 1997). “See 38 U.S.C. § 4304 (4)(B); see also H.R.Rep.”

Kenneth M. Allen v. United States Postal Serv., 142 F.3d 1444 (Fed. Cir. 1998). “Allen is correct that 38 U.S.C. § 4304 (b) as in effect before the October 1994 amendments applied to his restoration to civilian service after active duty, and granted him the rights and benefits detailed in 38 U.”

Lapine v. Town of Wellesley, 970 F. Supp. 55 (D. Mass. 1997). “Title 38 U.S.C. § 4304 (b)(1). Thus, both § 4301(b)(3) and § 4304(b)(1) contain requirements that a veteran must leave his/her job with the purpose of entering the military.”

Novak v. MacKintosh, 919 F. Supp. 870 (D.S.D. 1996). “Third, the USERRA broadly defines “employer”: [T]he term “employer” means any person, institution, organization, or other entity that pays salary or wages for work performed or that has control over employment opportunities^] 38 U.S.C. § 4304 (4) (Supp.1995). Fourth, the…”

Show all 24 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.