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U.S. Department of Justice

Justice Department Files Lawsuit to Enforce the Employment Rights of Alabama Army National Guardsman

Published in Mental Health Law Weekly, January 17th, 2009

The Department of Justice today filed a lawsuit against the Alabama Department of Mental Health and Mental Retardation (DMHMR), alleging that it refused to promptly reemploy a serviceman returning to work in violation of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Subject to certain limitations, USERRA requires that individuals who leave their jobs to serve in the U.S. military be timely reemployed by their civilian employers in the same position, or in a comparable position to the position that they would have held had they not left to serve in the military.

"The Uniformed Services Employment and Reemployment Rights Act protects men...

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