Erickson v. United States Postal Service

BRYSON, Circuit Judge.

The Uniformed Services Employment and Reemployment Rights Act (“USER-RA”), prohibits public and private employers from discriminating against their employees on the basis of military service. 38 U.S.C. § 4311. It also guarantees non-career servicemembers reemployment rights upon the completion of their military commitments. Id. §§ 4312-15. USERRA does not, however, protect an employee who leaves a civilian job to take a career position in the military. See Wood man v. Office of Pers. Mgmt., 258 F.3d 1372, 1376 (Fed.Cir.2001). For that reason, a question arises in cases…