In Slusher v Shelbyville Hosp Corp the Sixth Circuit Court of Appeals reviewed a veteran's reemployment rights after he returned from a deployment to Iraq. 805 F3d 211 (CA 6 2015). While the Court determined that the veteran at issue in Slusher was not entitled to reemployment because he, for example, "wanted to keep [his] options open" and rejected a permanent orthopedic surgeon position with his employer pre-deployment, the Court provided useful insight into the qualifications for reemployment under the Uniformed Services Employment and Reemployment Rights Act, specifically 38 U.S.C. § 4312. The Court, for example, reviewed important requirements under the Act including a provision that limits reemployment under the Act to situations where the employee had a reasonable expectation that his employment would continue for a significant period of time; the Court explained:

"Under § 4312(a) of the Act any person whose absence from a position of employment is necessitated by reason of service in the uniformed services shall be entitled to the reemployment rights and benefits and other employment benefits of the Act, so long as he gave notice to his employer in advance of his deployment, was absent for five years or less, and seeks reemployment. However, there is no statutory right to reemployment if the employment from which the person leaves to serve in the uniformed services is for a brief, nonrecurrent period and there is no reasonable expectation that such employment will continue indefinitely or for a significant period. In such an instance, the employer shall have the burden of proving . . . the brief or nonrecurrent nature of the employment without a reasonable expectation of continuing indefinitely or for a significant period" (internal quotations, citations and footnote omitted).

As indicated above, Slusher touches on some of the benefits afforded to qualified veterans, including reemployment rights under the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. §§ 4301, et seq. These and other benefits should be considered and evaluated by qualified veterans when assessing job/employment options post-deployment.

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