Vet employment law has flaws

If you or a loved one is returning to civilian employment after a stint in the armed forces, you may be familiar with the Uniformed Services Employment and Re-employment Rights Act.

Written into federal law in 1994, USERRA ensures that returning veterans may come home to the jobs they left, provided they meet some basic criteria.

I became more familiar with USERRA this spring while conducting research for a job-search guide I've written for returning military personnel. Frankly, I was troubled by some parts of the legislation.

First, the good news. The intent of the law is impeccable, and the eligibility criteria seem attainable for nearly every veteran, regardless of previous occupation, length of time with the employer or size of employer and regardless of whether the military service was voluntary or involuntary, involved combat or was with the regular forces or a Reserve unit.

Under USERRA, employers are required not only to give the service person his or her job back but also to provide raises or other advancement that the worker would have earned through seniority, had he or she been present.

If the worker needs retraining, the employer must make a reasonable effort to provide that instruction but may place the worker in another position if the retraining isn't successful.

While this legislation achieves much good, post-military job-seekers should not assume too much from it.

Most employment in this nation occurs with small employers. Whatever their best intentions, will these bosses really be able to place (and promote) a returning worker after several years?

The law states that a replacement worker hired to do the vet's job must relinquish the position when the vet returns. Ouch. In other words, a company must remove someone doing a job to make way for someone it hopes can do the job. Imagine trying to catch someone up on the last two or three years in your own company.

The costs of training an employee — possibly while retaining the "extra" — can capsize some little boats. The grants I've seen are for hiring vets initially, not for when they return.

Even though this sounds good for vets, many people are deeply changed by their military service. Goals and priorities shift, as do interests and skills. Is a return to the old job really the best option for this "new" worker? Or would it be better to take a fresh look at the career picture?

If you are a post-military job-seeker, your best bet is to take charge of your own career rather than relying on legislated protections. Know your rights, but keep communication open and meet your employer halfway or more, whenever possible.

And pay attention to your true goals. Don't stay in the old job just because it's there. Both you and your employer deserve better.

(To get detailed information on USERRA, the Department of Labor invites you to call 1-866-4-USA-DOL or to visit www.dol.gov/vets/programs/userra.)

- Amy Lindgren owns Prototype Career Service, a career consulting firm in St. Paul, Minn. She can be reached at alindgren@prototypecare rservice.com or at 1071 W. Seventh St., St. Paul, MN 55102.