Answer to Question 1
Employers are not required to reinstate employees after their military service if:
the employer's circumstances have changed so that reemployment would be unreasonable or impossible;
the reemployment would cause undue hardship in accommodation, training, or effort; or
the initial employment was for a brief, nonrecurring period.
Answer to Question 2
The Uniformed Services Employment and Reemployment Rights Act (USERRA), enacted in 1994, replaced the Veterans' Reemployment Rights Act. It covers both private and public sector employers, including the federal government. The USERRA prohibits employers from discriminating against employees because of their service in the military. It applies only to non-career military service that is, to employees who are called to active duty from their civilian jobs.
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