Silverberg Comments on Employment Litigation Surrounding Veterans’ Return to Work

National Law Journal

Dean L. Silverberg, a Member of the Firm in the Labor and Employment practice group at the Firm's New York office, was quoted in a December 17, 2007, National Law Journal article on the escalating litigation and turmoil surrounding the re-employment of more than 500,000 troops from Iraq. The article, "Returning Vets Suing to Get Their Jobs Back," noted that there is confusion among employers over the 1994 Uniformed Services Employment and Reemployment Rights Act (USERRA), which guarantees that military personnel get their jobs back when their duty is over.

This issue centers on how to pay, and where to place, returning veterans, especially if their jobs were filled, abolished because of layoffs, or transferred to another company, the article explained. Silverberg said that "during the last six months, we've seen an increase in the number of questions we've fielded in connection with an employers' rights and obligations under USERRA." He added: "Employers appear to be in a position of wanting to do what they are obligated to do under the law."

Silverberg advises employers on military compliance matters and recently co-authored the Employer's Guide to Military Leave Compliance, published by Thompson Publishing Group.