A recent decision by the U.S. Court of Appeals for the Eighth Circuit serves as a reminder that service members returning from active duty have reemployment rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA), and that in this case the service member made a valid request for reemployment even though he applied to a different company location from the one where he previously worked.

In reversing a federal trial court ruling, the Eighth Circuit in Scudder v. Dolgencorp, LLC, No. 17-2941 (8th Cir. August 17, 2018), found that after returning from active duty, a former store manager’s application for a position at a different company location constituted an “application for reemployment” under USERRA where the company possessed employment records that showed that the plaintiff was a former employee and had prior military service.

A copy of the Eighth Circuit’s decision in Scudder is available online.

Members of the Center for Workplace Compliance (CWC) can read more here.