14.43 Elements of Claim: Wrongful Termination (Qualifying Exigency Leave Related to Covered Military Member) is the wrongful termination of an employee due to a qualifying exigency leave related to a covered military member. Qualifying exigency leave includes absences from work to support a covered military member, such as attending military ceremonies, spending time with the service member before deployment or during duty, and attending to the service member’s affairs during deployment. In such cases, the employer may be found to have wrongfully terminated the employee in violation of the Uniformed Services Employment and Reemployment Rights Act (SERRA). There are two types of 14.43 Elements of Claim: Wrongful Termination (Qualifying Exigency Leave Related to Covered Military Member): 1. Wrongful Termination due to Exigency Leave Request: In this type, the termination of an employee is deemed wrongful because it occurred as a result of the employee’s request for an exigency leave related to a covered military member. 2. Wrongful Termination due to Employer’s Refusal to Grant Exigency Leave: In this type, the termination of an employee is deemed wrongful because it occurred due to the employer’s refusal to grant the employee’s request for an exigency leave related to a covered military member.
14.43 ELEMENTS OF CLAIM: WRONGFUL TERMINATION (Qualifying Exigency Leave Related to Covered Military Member)
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