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“We believe the obligation to rehire him moved from the private sector to the Army when the job moved from the private sector to the Army,” said Joseph M. Scaturo, the OSC attorney who handled the case.
It is against federal law for employers to penalize service members because of their military service under the terms of the Uniformed Services Employment and Reemployment Rights Act, or USERRA.
A change to the law in 2010 clarified that the obligation follows the new employer when jobs change from private to public-sector positions.
Michael Hanke, 46, a resident of Chippewa Falls, Wis., worked in 2009 at Communications Technology, or ComTek, a company that supports Army ROTC programs. He was part of the cadre operating the ROTC program at the University of Wisconsin-Stoudt.
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