Vets' right to reemployment

Briefing

Following his discharge from U.S. Army active duty in 1976, Gary Lapine joined the Wellesley Police Department, but remained in the Army Reserve until 1989. He resigned from Wellesley in 1990 and withdrew his accrued retirement benefits, stating that he had "permanently left the service."

After his active duty ended in 1993, Lapine requested reinstatement to his former police job under the provisions of the Veterans' Reemployment Rights Act. That law was amended to become the Uniformed Services Employment and Reemployment Rights Act of 1994. When the department refused to rehire him, Lapine sued in federal court.

Following a trial, a magistrate judge ordered the department to reinstate Lapine and pay him $213,000 in back pay and interest. Wellesley appealed to the First U.S. Circuit Court of Appeals, arguing that Lapine was not entitled to reinstatement under the VRRA since he had not been ordered to active duty before resigning from his job. The First Circuit rejected the department's argument. Although Lapine did not notify the department that he had entered active military duty, "as would now be required under the USERRA," the law at the time-VRRA-had no such requirement. Lapine v. Town of Wellesley, st Cir., No. 01-2054 (9/4/02).

Impact: Employers are reminded that reinstatement of veterans returning from active or reserve duty is mandated by law. -D. Diane Hatch & James E. Hall