North Carolina Military Service (USERRA) laws & HR compliance analysis

North Carolina Military Service (USERRA): What you need to know

Much like the federal government, which has enacted the Uniformed Services Employment and Reemployment Rights Act (USERRA), many states have enacted laws to protect the employment status of those who serve in the armed forces (38 USC 4301 et seq.). North Carolina has enacted such a law.
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Remember that USERRA, a federal law, preempts any state law that is less protective of the employment and reemployment rights of uniformed service people. .
North Carolina employers may not discriminate against or discharge an individual because of membership in the state or federal military forces, or discharge an employee because he or she must perform emergency military duty for the state or the United States. The law covers public and private employers (NC Gen. Stat. Sec. 127B-10 et seq.).
Employers may not discriminate or retaliate against an employee or applicant for employment on the basis of membership or application for membership in the North Carolina National Guard (NC Gen. Stat. Sec. 127A-202.1).
Reinstatement. Any North Carolina National Guard member who, at the direction of the governor, enters state duty is entitled to reemployment after honorable release from duty. An employee is entitled to reinstatement in his or her previous position or a position of like seniority, status, and salary, as long as the employee makes written application to the previous employer for reemployment within five days of release from duty or from hospitalization continuing after release; the employee is still qualified for employment; and the employer's circumstances have not changed, making reinstatement unreasonable.
If the employee is no longer qualified for the previous employment, he or she must be ...

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