Posted on Dec 22, 2022
San Francisco mandates paid military leave for Guardsmen, reservists
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Posted 2 y ago
Responses: 4
I am all for this benefit, but against it being mandated to private companies.
As Maj John Bell said - unintended consequences. USERRA does prohibit employers from discriminating against reservists (hiring or firing due to being a member in the RC), but USERRA claims are almost impossible to prove for a hiring process, unless you can find something with teeth (DOJ, OSC, etc) that adopts the premise that any reservist that isn't hired is because he's a reservist.
As Maj John Bell said - unintended consequences. USERRA does prohibit employers from discriminating against reservists (hiring or firing due to being a member in the RC), but USERRA claims are almost impossible to prove for a hiring process, unless you can find something with teeth (DOJ, OSC, etc) that adopts the premise that any reservist that isn't hired is because he's a reservist.
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