When reservists working in one of the U.S. military branches are called to serve, the law mandates that the reservist’s civilian job be held by his or her employer. The employment law statute says that the reservist “must be put back in the same or similar position with like seniority, status and pay.”
Some companies, however, still do not comply with the law by firing or demoting employees who take military leave. There have been many reports of workplace discrimination faced by U.S. military reservists.
Just last year in Colorado, a Marine Reserve officer won a $440,000 judgment against his employer for re-employing him at a “diminished status” and then laying him off.