WHEN JOHNNY (JOANNY) COMES MARCHING HOME: JOB SECURITY FOR THE RETURNING SERVICE MEMBER UNDER THE VETERANS' REEMPLOYMENT RIGHTS ACT Skip over navigation
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Military Law Review

WHEN JOHNNY (JOANNY) COMES MARCHING HOME: JOB SECURITY FOR THE RETURNING SERVICE MEMBER UNDER THE VETERANS' REEMPLOYMENT RIGHTS ACT

Spring, 1991

132 Mil. L. Rev. 175

Author

Major Bernard P. Ingold * and Captain M. Lynn Dunlap **

Excerpt

I. INTRODUCTION

The activation of reserve and National Guard units during Operations Desert Shield and Desert Storm caused thousands of men and women to leave established civilian employment to serve their country. While the call to active duty entailed personal hardships and some economic losses that cannot be restored, these service members will not have to worry about returning to the jobs they left behind, thanks to the Veterans' Reemployment Rights Act (VRRA). 1

The VRRA, enacted originally in 1940 as part of the Universal Military Training and Service Act, 2 and most recently amended in 1991, 3 provides job protection for reservists and National Guard members who leave full-time employment to enter active duty. The legislation also preserves the job rights of reservists and members of the National Guard who enter active duty to perform inactive duty for training and active duty for training. In addition to mandating reemployment, the VRRA contains provisions designed to ensure that veterans do not lose important job rights, benefits, and privileges by serving in the armed forces.

This article examines the scope and application of the VRRA and the criteria that must be met to qualify for reemployment rights. 4 It will describe the Act's major benefits, including protection from discharge without cause upon return to employment, preservation of status and seniority, and the prohibition against discriminating against employees who have military obligations. The article will set forth the statutory and judicially created defenses available to employers ...
 
 
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