Publications

USERRA Claims are Subject to Binding Arbitration

June 19, 2006

The Uniformed Services Employment and Reemployment Rights Act (“USERRA”) is the federal law that regulates employment rights for military service members. In a recent opinion interpreting USERRA (Garrett v. Circuit City Stores, Inc.), the U.S. Court of Appeals for the Fifth Circuit held that statutory USERRA claims are procedurally no different than any other federal employment claim (i.e., race, sex, disability, age discrimination). Accordingly, employees subject to legally valid arbitration agreements can be required to arbitrate alleged USERAA violations, just as they can be required to arbitrate any other type of employment claim. For further information regarding what constitutes an enforceable arbitration agreement, please see “Arbitration Agreements in Employee Handbooks: Are they Enforceable?” on the first page of this issue, as well as our prior newsletter article entitled “Texas Supreme Court Embraces Binding Arbitration in Employment Disputes."

Firm Highlights

Publication

The Importance of Strategic Transitions

Transitions versus change, what’s the destination and why is this important for a business?  Kevin talks with Gwen Gierke from Gierke Jungbauer on how they help to manage transitions. Transition happens in three stages: the ending, the neutral zone, and...

News Item

Thompson Coe Welcomes Partners Kenya Bodden and Patrick Kelly

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The 2020 HR Recap

We’ve made it to the recap episode! The good, the bad, the ugly, and everything in between. Join Kevin and Elaine (Lainey) Luthens as they discuss it all including FFCRA legislation, OSHA, what they...

Publication

The Tale of OCS and the Coronavirus

How has Opportunity Community Services survived during this pandemic and Phase 1? Rose Kukwa of Opportunity Community Services and Dennis Van Norman with Van Norman & Associates share their experience.  Rose and her team...

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U.S. Supreme Court Settles Issue of Title VII Protections for LGBTQ+ Employees

Headshot of Stephanie Rojo
Publication

ICHRAs

Individual Coverage HRA. What is it? What are the benefits and drawbacks? What companies are a good fit for ICHRAs versus group health plans? Kevin talks with Matt Hollister, President and CEO of Business...

Experience

Thompson Coe Saves Client $100Ks in Damages After 3-Day Trial

Publication

Supreme Court Reaffirms and Clarifies Ministerial Exception to Employment Discrimination Laws Under First Amendment’s Religion Clause

Experience

COVID-19 Response Team - Resources and Updates

Publication

The COVID-19 Vaccine Part 1