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1.3.2.2 Continuous Accumulation of Seniority—Escalator Principle

Feb 19, 2026

  • No. 053 Retroactive Promotion for Recalled Reservist
  • No. 054 Uniformed Service Counts Toward FMLA Thresholds
  • No. 060 Escalator Principle Applies to Entire Period of Military-Related Absence
  • No. 191 Sometimes David Does Beat Goliath
  • No. 0740 Federal Employees Protected from RIF During Military Service
  • No. 0803 First Supreme Court Case on Reemployment Statute: Fishgold v. Sullivan Drydock & Repair Corp.
  • No. 0809 Second Supreme Court Case Relating To Reemployment Statute: Trailmobile Corp. v. Whirls
  • No. 0820 Third Supreme Court Case Relating to Reemployment Statute: Aeronautical Industrial District Lodge 727 v. Campbell
  • No. 0823 Fourth Supreme Court Case on Reemployment Statute: Oakley v. Louisville & Nashville Railroad Co.
  • No. 0827 Returning Veterans & NSPS: DoD’s National Security Personnel System generates USERRA complaints
  • No. 0828 Supreme Law: Fifth Supreme Court Case on Reemployment Statute: Ford Motor Co. v. Huffman
  • No. 0834 Sixth Supreme Court Case on Reemployment Statute Diehl v. Lehigh Valley Railroad Co., 348 U.S. 960 (1955)
  • No. 0842 Seventh Supreme Court Case on Reemployment Statute McKinney v. Missouri-Kansas-Texas Railroad Co.
  • No. 0844 Vacation Days: A recent settlement casts a new light on vacation accrual for Reservists who take time off for military training or service
  • No. 0846 Eighth Supreme Court Case Relating to Reemployment Statute  Tilton v. Missouri Pacific Railroad Co., 376 U.S. 169 (1964)
  • No. 0853 Ninth Supreme Court Case Relating to Reemployment Statute Brooks v. Missouri Pacific Railroad Co.. 376 U.S. 182 (1964)
  • No. 0861 10th Supreme Court Case Relating to Reemployment Statute Accardi v. Pennsylvania Railroad Co., 383 U.S. 225 (1966)
  • No. 0863 USERRA Applies to Salespersons on Commission
  • No. 09007 12th Supreme Court Case Relating to Reemployment Statute  Foster v. Dravo Corp., 420 U.S. 92 (1975)
  • No. 09015 13th Supreme Court Case Relating to Reemployment Statute  Alabama Power Co. v. Davis, 431 U.S. 581 (1977)
  • No. 09019 14th Supreme Court Case Relating to Reemployment Statute  Coffy v. Republic Steel Corp.,447 U.S. 191 (1980)
  • No. 09026 Mobilized Reservists and the Chicago Fire Department
  • No. 09032 Furlough or Leave of Absence Clause Revisited
  • No. 09033 Promotion and Pay Raise Delayed by Military Service–Am I Entitled to Back Pay?
  • No. 09049 Retroactive Seniority Adjustment to Your Civilian Seniority Date Based on Military Interruption of Your Civilian Career
  • No. 09054 Military Service Is Not “Just Like Maternity Leave”
  • No. 10014 11th Amendment Does Not Bar Suit against a State by the United States
  • No. 10015 Escalator Principle Applies to Entire Period of Military-Related Absence
  • No. 10025 Union Tries To Make Returning Veterans Pay Back Dues upon Reemployment
  • No. 10050 USERRA Applies to Managerial and Executive Jobs
  • No. 10067 My Big Bank Will Be Taken Over by Bigger Bank
  • No. 11041 Army Reserve Dentist Loses USERRA Case
  • No. 11057 How Do I Prove My “Escalator” Case?
  • No. 11073 Another Great USERRA Appellate Case
  • No. 12008 What Happens to My Stock Option Plan When I Get Mobilized?
  • No. 12028 USERRA and the FMLA
  • No. 12029 USERRA and the FMLA- Part II
  • No. 12052 Contractual Statute of Limitations Under USERRA
  • No. 12069 DOJ Sues Commonwealth of PA to Enforce USERRA and Secures a Great Settlement
  • No. 12082 DOJ Gets Job Back for Mobilized Navy Reservist
  • No. 13022 The Escalator Can Descend as well as Ascend
  • No. 13025 The Escalator and the Sequester
  • No. 13032 A Great American Company Must Reemploy Great American Service Members
  • No. 13043 USERRA and the Collective Bargaining Agreement—What Is the Limit on Duration of my Active Duty?
  • No. 13045 One Year of Back Pay Is not Enough
  • No. 13061 Right to Health Insurance Reinstatement when Returning to Work after Military Service
  • No. 13076 Public Employee Promotion Exam while Mobilized
  • No. 13077 The Escalator Can Descend
  • No. 13081 DOJ Sues Cook County for Violating USERRA Pension Rights of Army Reserve Nurse
  • No. 13082 Escalator Principle Not Limited to Automatic Promotions—District of Puerto Rico Gets it Wrong
  • No. 13083 Don’t Tell your Civilian Employer that you Are Considering Enlistment
  • No. 13085 Federal Employees Are Protected from the Descending Escalator
  • No. 13087 Do I Accrue Civilian Vacation while I Am away from my Civilian Job for Military Service?
  • No. 13118 Paid Military Leave for Military Retiree Who Returns to Active Duty
  • No. 13127 First Circuit Reemphasizes Broad Scope of the Escalator Principle
  • No. 13136 Does USERRA’s Escalator Principle Apply to Defined Contribution Pension Plans?
  • No. 13144 The SCRA and USERRA – Protecting the Civil Rights of Service Members in the 21st Century
  • No. 14003 Enforcing USERRA against the State of Missouri
  • No. 14015 Civilian Pension Credit for Long Period of Military Service
  • No. 14020 New Jersey Teachers Must be Credited for Military Service Time for Purposes of Layoffs and Recalls from Layoff
  • No. 14019 New Jersey Teachers Receive Seniority Credit for Wartime Military Service, Even if it was before Start of Teaching Career
  • No. 14032 New USERRA Case from the 8th Circuit
  • No. 14035 Is my Case Governed by VEVRAA or USERRA?
  • No. 14074 Right to Use Vacation Days for Military Service
  • No. 15035 USERRA’s Five-Year Limit and the Initial Period of Obligated Service
  • No. 15046 You Must Apply for Reemployment—Part 5
  • No. 15045 Reemployment Rights with the Successor in Interest
  • No. 15037 Reemployment Rights for Wounded Warriors
  • No. 15050 Reemployment Rights as an ANG Technician
  • No. 15053 USERRA 101 Final Exam
  • No. 15054 You Must Apply for Reemployment—Part 6
  • No. 15060 Beware of Asserting Inconsistent Claims
  • No. 15065 It Is not your Responsibility To Document your Physical and Psychological Readiness To Return to Work
  • No. 15070 What Happens when your Probationary Period Is Interrupted by a Call to the Colors?
  • No. 15074 Descending Escalator or Employer’s Changed Circumstances?
  • No. 15092 2015 New Jersey Military Law Symposium
  • No. 15097 As an Employer, New York City Mistreats Marine Corps Reserve Officer
  • No. 15101 Location Is an Aspect of Status
  • No. 15102 What Is the Escalator Principle?
  • No. 15116 New USERRA Primer
  • No. 16005 Don’t Burn the Bridge back to your Pre-Service Job
  • No. 16012 Enforcing USERRA against a Federal Agency
  • No. 16022 What Is Seniority?
  • No. 16026 What Is Reasonable Certainty?
  • No. 16030 USERRA and Defined Contribution Pension Plans
  • No. 16038 Pension Rights in a Defined Contribution Plan
  • No. 16053 Airline Must Comply with USERRA regarding Pensions
  • No. 16054 Retroactive Pay Increase and Section 4318 of USERRA
  • No. 16060 FedEx Violated USERRA in the Computation of a Bonus
  • No. 16063 USERRA Rights of the Wounded Warrior
  • No. 16064 The Air Force Must Comply with USERRA
  • No. 16072 USERRA and the Career Intermission Program
  • No. 16073 Don’t Tell your Civilian Employer that you Are Trying to Enlist
  • No. 16094 New USERRA Lawsuit Filed against UAL over Pension Contributions, Sick Time Accrual, and Vacation Accrual
  • No. 16097 USERRA Obligations of the Administrator of a Multi-Employer Pension Plan
  • No. 16110 Ninth Circuit Holds that USERRA Does Not Preclude Forced Arbitration
  • No. 16112 You Are Not Required To Provide your Employer a Copy of your Orders when you Notify your Employer that you Active Duty Has Been Extended
  • No. 17028 Federal Employee Is Exempted from the Descending Escalator
  • No. 17031 How Does USERRA’s Escalator Principle Apply to Government Contractors
  • No. 17057 Police Department Must Give Reemployed Service Member the Opportunity To Take a Make-up Promotion Examination
  • No. 17067 Relationship between USERRA and State Law on Pension Entitlements for Public Employees Who Serve in the Reserve Components
  • No. 17073 New Case about USERRA and Disabled Veterans
  • No. 17083 Accrual and Use of Vacation Before, During and After a Period of Military Service
  • No. 17084 An Instructive USERRA Case from the Central District of California
  • No. 17097 The Escalator Does Not Always Ascend
  • No. 17102 USERRA and the SCRA for the Military Recruiter
  • No. 17109 Great New USERRA Victory in the 9th Circuit
  • No. 17112 Yes, Your Son Can Have the Right to Reemployment after Regular Navy Service
  • No. 17116 Enforcing USERRA against the State of Minnesota
  • No. 17121 You Are Entitled to Seniority and Pension Credit for the Entire  Period that you Were away from your Job for Military Service
  • No. 18014 Escalator Principle Applies to Army Physician
  • No. 18038 You Must Use Your 22 Extra Days of Paid Military Leave During your Period of Contingency Active Duty
  • No. 18044 National Guard Bureau PowerPoint for Training National Guard Technicians Has It Wrong on USERRA
  • No. 18051 To Get Pay Raises that you Would Have Received if Continuously Employed you Must Return to the Pre-Service Employer
  • No. 18061 DOL-VETS Has Subpoena Power for USERRA Investigations
  • No. 18068 Is it too Late To Sue Blockbuster?
  • No. 18073 Air Force Memorandum on USERRA’s Five-Year Limit Needs To Be Rewritten
  • No. 18080 Recent USERRA Case—Summary Judgment Denied
  • No. 18081 The Returning Veteran Who Meets the USERRA Conditions Is Entitled to Pay Raises that he or she Would Have Received with Reasonable Certainty, but for the Call to the Colors
  • No. 18091 USERRA, the Five-Year Limit, and the Documentation Requirement
  • No. 18103 USERRA, the SCRA, and Military Recruiting
  • No. 18104 DOL-VETS Fact Sheet on USERRA Gets the Five-Year Limit Wrong
  • No. 18105 Yes, you Can Qualify for Regular Military Retirement and Reemployment under USERRA and Civilian Pension Credit for your Military Service Time
  • No. 18106 Make-up Promotion Exam for Reservist on Active Duty and away from his or her Police Officer Job
  • No. 18110 USERRA’s Escalator Can Descend as well as Ascend
  • No. 18111 Right to Reemployment in a Term-Limited Federal Job
  • No. 19011 USERRA Rights of the Returning Veteran
  • No. 19015 Applying USERRA to the National Guard Technician
  • No. 19024 USERRA and Pension Rights of Airline Pilots
  • No. 19031 USERRA Protects Absence from a Civilian Job for Military Medical Examination but not Treatment
  • No. 19032 Don’t Conflate the Five-Year Limit with the 90-day Deadline To Apply for Reemployment
  • No. 19052 Is she Entitled to Seniority and Pension Credit for the Entire Period of Absence from the Job Necessitated by her Service?
  • No. 19056 USERRA Coverage of National Guard Personnel
  • No. 19069 Federal Employee away from Work for Uniformed Service Is Entitled to Step Increase upon Reemployment, Not during Service
  • No. 19072 The Department where you Worked Has Been Abolished—That Does Not Necessarily Mean that you Don’t Have the Right to Reemployment
  • No. 20036 If you Are Convalescing from an Injury or Illness Incurred during Uniformed Service, you Can Delay your Application for Reemployment
  • No. 20041 If you Are Being Called to Active Duty, Don’t Forget about USERRA
  • No. 20043 USERRA’s Escalator Can Descend as well as Ascend
  • No. 20047 You Are Entitled to Reinstatement to the Job you Left and Would Have Retained even if that Means that Another Employee Must Be Displaced
  • No. 21004 More on Successor in Interest and USERRA
  • No. 21008 If DOL-VETS Is Doing Well, you Should Stick with them
  • No. 21023 Neither the Fact that the Assignment Is OCONUS, Nor the “Temporary” Nature of the Assignment, Nor the Fact that the Contract Number Has Changed, Nor the Fact that the Job Has Been Filled Defeats your USERRA Rights.
  • No. 21025 Apply for Reemployment with the new Company as well as the Company you Were Working for before your Active Duty
  • No. 21030 Applying the Escalator Principle to the Hiring Hall
  • No. 21031 Pension Benefits for Employees Working through Hiring Halls whose Civilian Careers Are Interrupted by Military Service
  • No. 21051 Leave Active Duty and Apply for Reemployment before you Exceed the Five-Year Limit To Preserve your Pension.
  • No. 21055 As a Civilian Employer, the Department of the Navy Must Be Triply the Model Employer.
  • No. 21057 USERRA’s Five-Year Limit for the National Guard Member.
  • No. 21058 What Kind of a Job Am I Entitled to upon Reemployment?
  • No. 21081 Her Application for Reemployment Was Timely, and it Was Unlawful For the Employer to Make her Use PTO for the Week between her Release from Active Duty and her Application for Reemployment.
  • No. 21080 Your Employer Violated USERRA Willfully, But under Current Law You Are Not Entitled to Monetary Damages. USERRA Needs To Be Amended.
  • No. 22010 When You Leave a Federal Agency for Military Service, I Suggest that You Apply for Reemployment at the Same Agency, but Applying at a Different Agency May Not Be Fatal to Your Rights.
  • No. 22014 USERRA’S Escalator Principle Is Great, But There Are Limits
  • No. 22016 When You Returned to Federal Civilian Employment, after Active Duty, in October2012, You Should Have Received Step Increases Based on Credit for your Military Service. Perhaps it Is Not Too Late To Fix This.
  • No. 22043 U.S. Department of Justice Sues the State of Illinois and Obtains an Excellent Settlement the Next Day.
  • No. 22065 USERRA Applies to Service in the Active Component of the Armed Forces, as well as National Guard and Reserve Service.
  • No. 22067 DOJ and DOL Secure Favorable Settlement in USERRA Pension Case Involving ROA Life Member and American Airlines.
  • No. 23001 USERRA, the SCRA, and Military Recruiting
  • No. 23011 Enforcing USERRA against a Private Employer
  • No. 23023 If I Am away from my Civilian Job for Voluntary or Involuntary Service in the Uniformed Services, Do I Continue Accruing Annual Leave in My Civilian Job?
  • No. 23031 You Must Document that you Have Not Exceeded USERRA’s Five-Year Limit.

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