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1.3.1.3 Timely Application for Reemployment

Feb 19, 2026

  • No. 007 Deadline for Returning to Work
  • No. 060 Escalator Principle Applies to Entire Period of Military-Related Absence
  • No 077: I Am Being Demobilized. What About My Civilian Job? (With sample re-employment letter)
  • No. 086 Does He Lose His Civilian Job For Failure To Use The Magic Words?
  • No. 091 Notice Documentation Requirements
  • No. 156 Reporting Back to Work After Weekend Drills
  • No. 178 Bum Scoop Can Have Bad Consequences
  • No. 180 Returning To Work After Weekend Military Training
  • No. 0622 Don’t Apply for Reemployment Until You Are Ready to Return to Work
  • No. 0710 Applying for Reemployment-Continued
  • No. 0804 USERRA Applies to Employment as Adjunct Professor
  • No. 0822 Don’t Confuse the Five-Year Limit with the 90-day Deadline
  • No. 0831 Applying for Reemployment after Military Service
  • No. 0832 Wounded Warrior’s Rights: Reporting Back to Civilian Job
  • No. 0854 Legal Assistance for Wounded Warriors—USERRA Component
  • No. 0856 Unlawful for Airline To Deny You Free-Space-Available Travel to Your Drill—Right to Time Off for Travel to and from Your Drill Weekend
  • No. 0863 USERRA Applies to Salespersons on Commission
  • No. 09010 You Must Apply for Reemployment after You Leave Active Duty
  • No. 09024 Dot the I’s and Cross the T’s
  • No. 09037 You Must Apply for Reemployment-Part 2
  • No. 09061 Your Civilian Job and USERRA: Beware of Gaps in Your Period of Service, And Maintain a Proper Balance of Military and Civilian Responsibilities
  • No. 09063 You Must Apply for Reemployment – Part 3
  • No. 09070 Timely Application for Reemployment
  • No. 10015 Escalator Principle Applies to Entire Period of Military-Related Absence
  • No. 10022 USERRA Applies in Determining Career Overtime Average for Pension Purposes
  • *No. 10028 A Case Study of 38 U.S.C. Sections 4311 and 4312: Erickson v. United States Postal Service
  • No. 10030 Prior Notice to the Civilian Employer Need Not Be in Writing
  • No. 11028 Erickson v. United States Postal Service – Recent Implications to 38 U.S.C. 4311 & 4312
  • No. 11034 Protection against Discharge after Reemployment
  • No. 11039 Injury or Illness Sustained During Service Can Extend Deadline to Apply for Reemployment
  • No. 11045 Back to Work: Timely application for reemployment is essential.
  • No. 11094 Matthew King’s Application for UCX Did Not Justify His Firing
  • No. 11101 Don’t Apply for Reemployment Until You Are Ready To Return to Work—Part 2
  • No. 11103 Help! The Army Has Sent Me Home Early!
  • No. 12017 You Must Apply for Reemployment- Part 3
  • No. 12038 Why Can’t I Retire From My Civilian Job While I am on Active Duty?
  • No. 12050 USERRA Applies to Short and Long Periods of Service
  • No. 12054 Reemployment Rights in Student Job on Campus
  • No. 12070 Civilian Pension Credit for Military Service Time before 1994
  • No. 12073 Minnesota Teacher Called to Active Duty—Was He Required to Finance his own Substitute?
  • No. 12107 Reemployment Rights for Laid Off Employees
  • No. 13004 USERRA Does Not Provide for Reemployment of Active Duty Service Member Who Starts Job while on Active Duty and Seeks Reemployment after a Deployment
  • No. 13031 State of Nevada Finally Complies with USERRA
  • No. 13035 Another New and Favorable USERRA Case
  • No. 13041 USERRA Overrides Agreement You Signed when You Were Hired
  • No. 13054 Not All USERRA Plaintiffs Are Successful
  • No. 13058 Time off from Civilian Job for Travel and Rest in Connection with Drill Weekend
  • No. 13061 Right to Health Insurance Reinstatement when Returning to Work after Military Service
  • No. 13067 Notice Before and Documentation After Military Service
  • No. 13081 DOJ Sues Cook County for Violating USERRA Pension Rights of Army Reserve Nurse
  • No. 13117 Applying for Reemployment is not Applying for Employment
  • No. 13131 DOJ Files USERRA Lawsuit against Delaware Employer
  • No. 13145 Important New USERRA Case in Fifth Circuit
  • No. 14003 Enforcing USERRA against the State of Missouri
  • No. 14004 Sergeant Major Erickson’s Saga Continues
  • No. 14010 Requirement to Provide Documentation to Employer only Applies after Periods of Service of 31 or More Days
  • No. 14013 DD-214 Delay Could Delay Retirement from Civilian Career
  • No. 14012 Returning to Work with Two Bad Shoulders
  • No. 14011 What Sort of Documentation Must I Provide?
  • No. 14030 One Week of Excused Absence for Federal Employee Returning from Mobilization
  • No. 14032 New USERRA Case from the 8th Circuit
  • No. 14035 Is my Case Governed by VEVRAA or USERRA?
  • No. 14039 Protect Your Rights By Understanding Them
  • No. 14042 USERRA Rights of Reservist During Drill Weekend
  • No. 14044 South Carolina Department of Corrections Fails to Reinstate Health Insurance Coverage of Returning National Guard Member
  • No. 14045 What is an Application for Reemployment?
  • No. 14073 After 42 Days of IMA Duty, How Long Do I Have to Report back to my Civilian Job?
  • No. 15030 You Have the Right to Time off from your Teaching Job for Military Service, under both State and Federal Law
  • No. 15035 USERRA’s Five-Year Limit and the Initial Period of Obligated Service
  • No. 15040 You Must Apply for Reemployment—Part 4
  • No. 15037 Reemployment Rights for Wounded Warriors
  • No. 15053 USERRA 101 Final Exam
  • No. 15054 You Must Apply for Reemployment—Part 6
  • No. 15055 You Must Apply for Reemployment—Part 7
  • No. 15060 Beware of Asserting Inconsistent Claims
  • No. 15070 What Happens when your Probationary Period Is Interrupted by a Call to the Colors?
  • No. 15072 Being a Nurse Practitioner, rather than simply a Registered Nurse, Is Part of the “Status” to which You Are Entitled upon Reemployment
  • No. 15101 Location Is an Aspect of Status
  • No. 16007 You Have the Right to Reemployment and the Employer Must Accommodate your Temporary Disability
  • No. 16018 Favorable Appellate Decision on Section 4311 of USERRA
  • No. 16021 Does USERRA Give me the Right to Time Off from my Civilian Job for an Interview about Reassignment to a new Guard Unit?
  • No. 16027 The Employer Has No Right To Demand Documentation for Short Periods of Military Training or Service
  • No. 16035 USERRA Applies to Local Government
  • No. 16050 DOJ Wins USERRA Case
  • No. 16063 USERRA Rights of the Wounded Warrior
  • No. 16077 USERRA Gives you the Right to Time off from your Federal Civilian Job for Inactive Duty Training on a Weekday
  • No. 16093 Section 4312(e)(1)(A) Authorizes a Delay in your Application for Reemployment; It Does not Give you Two Years off from Work.
  • No. 16097 USERRA Obligations of the Administrator of a Multi-Employer Pension Plan
  • No. 16100 Don’t Do Military Duty on a Sick Leave Day
  • No. 16101 USERRA in the Virginia Supreme Court
  • 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. 16113 Reflections on 40 Years as a Lawyer
  • No. 16127 It Is Unlawful for an Employer To Delay Reemployment by Demanding Documentation that Is Not Readily Available.
  • No. 17002 USERRA and the Military Personnel Officer
  • No. 17024 Don’t Apply for Reemployment until you Are Ready To Return to Work
  • No. 17027 Don’t Let USERRA’s Five-Year Limit Bite You
  • No. 17051 USERRA and the 401(k) Account at your Pre-Service Employer
  • No. 17070 USERRA and Noncompete Agreements
  • No. 17075 Recent 5th Circuit Case on Rights of Reservist after Returning from Drill Weekend
  • No. 17077 USERRA Rights of the Returning Veteran Trump the Rights of the Incumbent
  • 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. 18029 Don’t Try To Work at your Civilian Job while on Active Duty—Part 2
  • No. 18038 You Must Use Your 22 Extra Days of Paid Military Leave During your Period of Contingency Active Duty
  • No. 18051 To Get Pay Raises that you Would Have Received if Continuously Employed you Must Return to the Pre-Service Employer
  • No. 18055 You Must Track your own Five-Year Limit—Part 2
  • No. 18073 Air Force Memorandum on USERRA’s Five-Year Limit Needs To Be Rewritten
  • No. 18076 Army Reservist Prevails in Important USERRA Case
  • No. 18084 Understand and then Insist upon your USERRA Rights
  • No. 18090 Another Important New USERRA Case
  • No. 18091 USERRA, the Five-Year Limit, and the Documentation Requirement
  • No. 18099 The Employer Is Required To Treat you as if you Had Been Continuously Employed in the Civilian Job for Civilian Pension Purposes, but only upon Reemployment under USERRA
  • No. 18105 Yes, you Can Qualify for Regular Military Retirement and Reemployment under USERRA and Civilian Pension Credit for your Military Service Time
  • No. 18108 AFTPs in the Army as well as the Air Force and for Enlisted Crew Members as well as Pilot Officers
  • No. 19002 My Civilian Employer Strenuously Objects to my Enlistment
  • No. 19011 USERRA Rights of the Returning Veteran
  • No. 19016 Don’t Try To Work at your Civilian Job while you Are on Active Duty—Part 3
  • No. 19018 Returning to a Federal Civilian Job while on Terminal Leave
  • 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. 19056 USERRA Coverage of National Guard Personnel
  • No. 19059 Reserve Component Service Members Deserve To Receive a DD-214 Regularly
  • No. 19076 Don’t Sleep on your Rights, because if you Snooze you Lose
  • No. 19080 Apply for Reemployment when you Return from Military Service although the Employer Purportedly Fired you on the way out the Door
  • No. 19084 The Company’s Personnel Director Is Not your Friend, and she Has No Obligation To Explain to you your Legal Rights
  • No. 19085 The Vietnam Era Veterans’ Readjustment Assistance Act Does Not Require Employers To Notify Employees about USERRA
  • No. 19099 Multiple Tours of Active Duty with Short Breaks
  • No. 19105 The Coast Guard and USERRA’s Five-Year Limit-The Title 14 Section Numbers Have Changed
  • No. 19106 DOD Instruction 1205.12 Is Wrong and Should Be Rewritten
  • No. 19113 You Are Required To Provide Documentation to your Employer when Applying for Reemployment After a Period of Service of 31 Days or More
  • No. 20002 Favorable USERRA Decision by the 8th Circuit—Part 1
  • No. 20003 Favorable USERRA Decision by the 8th Circuit—Part 2 What Is an Application for Reemployment?
  • No. 20004 Favorable USERRA Decision by the 8th Circuit—Part 3 The Army and the National Guard Should Help the Wounded Warrior To Secure his or her USERRA Rights
  • No. 20007 Important New USERRA Case—Part 1
  • No. 20026 Leave Active Duty and Apply for Reemployment and Return to Work To Obtain Civilian Pension Credit for the Period of Service
  • No. 20031 Sergeant Major Erickson’s Long Struggle with the USPS May Be Finally Coming to an End
  • 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. 20045 Yes, USERRA Applies to Retired Regular Officers
  • No. 20046 Being Retained on Active Duty under a “Stop Loss” Order Does Not Cause you To Exceed USERRA’s Five-Year Limit And Lose your Right to Reemployment
  • No. 20063 More on Successor in Interest and USERRA
  • No. 21004 More on Successor in Interest and USERRA
  • No. 21025 Apply for Reemployment with the new Company as well as the Company you Were Working for before your Active Duty
  • No. 21036 Reporting back to Work after Weekend Drills
  • No. 21037 Don’t Apply for Reemployment until you Are Ready To Return to Work.
  • No. 21044 I Was Injured while on Active Duty—What DoI Do Now?
  • No. 21055 As a Civilian Employer, the Department of the Navy Must Be Triply the Model Employer.
  • No. 21056 USERRA Protects Inactive Duty Training and Active  Duty for Training for Retirement Points Only.
  • No. 21057 USERRA’s Five-Year Limit for the National Guard Member
  • 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. 22012 Securing your Pension Rights when you Return to Federal Civilian Employment after Military Service
  • No. 22013 Another New Case on USERRA Pension Benefits in a Multi-Employer Pension Plan
  • No. 22068 If You Leave a Federal Civilian Job for Military Service, You Must Apply for Reemployment with the Same Federal Agency after Leaving Active Duty. Applying for a New Federal Job Is Not Equivalent to Applying for Reemployment.
  • No. 22071 You Must Give this National Guard Member a Military Leave of Absence for her MUTA-5 Training.
  • No. 22074 Do Not Give your Civilian Employer “Ammunition” in Support of an Argument that you Have “Abandoned” your Civilian Career.
  • No. 23009 USERRA’s Five-Year Limit Has Nine Exceptions. One Exception Is for Service, beyond Five Years, To Complete the Member’s Initial Active Service Obligation
  • No. 23031 You Must Document that you Have Not Exceeded USERRA’s Five-Year Limit.

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