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- Title
Are Discretionary Demotions, Layoffs, and Terminations Valid Reemployment Positions for Returning Veterans?: Uncertain Applications of the Escalator Principle under the Uniformed Services Employment and Reemployment Rights Act.
- Authors
Harksen, Jacob C.
- Abstract
The article compares federal case law to argue that if the escalator principle under the Uniformed Services Employment and Reemployment Rights Act applies to discretionary promotions and to automatic terminations, it must also apply to discretionary demotions and terminations in the U.S. It mentions about laws governing veterans discretionary demotions, layoffs, and terminations; and court cases McKinney v. Missouri-Kansas-Texas Railroad Co. and Milhauser v. Minco Products, Inc. on the same.
- Subjects
ESCALATOR clause; UNITED States. Uniformed Services Employment &; Reemployment Rights Act of 1994; EMPLOYMENT of veterans; DISMISSAL of employees; MCKINNEY v. Missouri-Kansas-Texas Railroad Company (Supreme Court case); MINCO Products Inc.; ACTIONS &; defenses (Law)
- Publication
ABA Journal of Labor & Employment Law, 2017, Vol 33, Issue 1, p105
- ISSN
2156-4809
- Publication type
Article