• USERRA and Waivers of Employees’ Claims -- Confusion Abounds
  • January 18, 2011 | Author: Thomas M. White
  • Law Firm: Arnstein & Lehr LLP - Chicago Office
  • The Uniformed Services Employment and Reemployment Rights Act (“USERRA”) is a broad federal statute that protects the employment rights of certain individuals who engage in military service. The ability of an employee and employer to enter into an enforceable agreement in settlement of an employee’s alleged rights under USERRA was upheld by the Sixth Circuit in Wysocki v. IBM, 607 F.3d 1102 (6th Cir. 2010) and the Supreme Court has recently denied certiorari. However, application of the relevant statutory provisions is unclear in certain circumstances and this means that some waivers may not be enforceable according to their terms. Thus, an employer’s expectations of finality may not be satisfied and an employee’s expectation of a post-agreement ability to sue for USERRA violations may also be unsatisfied.