An employer’s responsibility to returning military veterans

Published 4 Min Read

When an employee has to take a leave from his or her job because of a military deployment, the send-off can be very moving.  Sometimes the patriotic employer will even throw a thoughtful send-off party, express how the employee will be missed and assure the employee that his job will be there when the employee gets back.

However, as time goes by, the employer’s situation may change. Deployments can sometimes take longer than expected. Perhaps the employer will experience a downturn in business or otherwise re-organize. Perhaps the employer will find what was intended to be a temporary replacement for the deployed soldier, but after time due to performance or continuity, wants to keep that employee in lieu of the deployed soldier. Patriotism aside, the employer has a business to run and these circumstances can create difficult situations upon the employee’s return from the deployment. How is the employer to handle these difficult issues?

Richard Sokorai

Richard C. Sokorai is a partner at High Swartz LLP.


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