20 CFR § 1002.34 Which employers are covered by USERRA?
(a) USERRA applies to all public and private employers in the United States, regardless of size. For example, an employer with only one employee is covered for purposes of the Act.
(b) USERRA applies to foreign employers doing business in the United States. A foreign employer that has a physical location or branch in the United States (including U.S. territories and possessions) must comply with USERRA for any of its employees who are employed in the United States.
(c) An American company operating either directly or through an entity under its control in a foreign country must also comply with USERRA for all its foreign operations, unless compliance would violate the law of the foreign country in which the workplace is located.
Section (b) would apply. I could see how someone could try to CLAIM a person stationed at an official designated US base there, who started, ended and performed other duties at their physical presence there (and who was paid in US dollars) wasn't really employed at the designated base there--good luck with that in front of a jury. Doesn't work for the IRS or much anything else.
Although in all candor methinks the person carrying the torch for this particular cause might have quite a bit of baggage with some personal issues. Could be a chicken and egg thing (i.e. the subsequent sacking caused a bit of a downhill slide or the sacking and post-employment problems were caused by personal issues to begin with). Regardless, the law's the law.
Last edited by Shep69; 13th Apr 2015 at 01:08.