Reservists called to active duty have job security

By George Vlahakis

A federal law requires employers to extend the same or an equivalent job to troops returning from a call-up, depending on the length of service. Terry Dworkin, professor of business law at IUB, said that troops now preparing for possible military action need not think about how service to their country affects their careers. Under the terms of the 1994 Uniformed Services Employment and Reemployment Act, reservists serving less than 91 days should be returned to the position of employment they would have been in without the interruption. If they serve more than 90 days, they should be returned to the same position or an equivalent position with like seniority, status and pay. Dworkin acknowledges that the law provides some challenges for employers, many of whom are paring their work forces due to a slowdown in the economy.

“The fact that we may be going into a recession puts more burden on the employer,” Dworkin said. “The employer is going to have to either hire people on the condition that they may be terminated when the reservist comes back, use temporaries or cover with current workers. This is not a particularly happy position for employers to be in.

“Many issues, such as elimination of specific jobs, also arose after the Persian Gulf and Vietnam wars. In general, issues of interpretation of the law have been resolved by the courts in favor of returning reservists,” she said.