Takeaway: Employers must promptly find a position for returning military service members under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and not wait for the employee to request an appropriate position. An employer faces liability for any delay in re-employing an employee who returns from military service. Yet employers can act quickly to limit the scope and amount of any liability, as American Airlines did in this case.

The plaintiff was a pilot for American Airlines operating out of La Guardia Airport in Queens, N.Y. He served in the military from June 2013 to August 2015. During that tour, the plaintiff was diagnosed with a heart condition and, upon his return, experienced delays obtaining the necessary Federal Aviation Administration (FAA) medical certification to return to his pilot position.

Upon initial review at the beginning of September 2015, American Airlines acknowledged that the plaintiff met USERRA's conditions for re-employment but also believed that it either needed to find another position for him or allow him to use military convalescence leave until he could receive FAA clearance to fly. American Airlines requested that the plaintiff advise them of a time to discuss re-employment options, but the plaintiff did not immediately respond.

On Oct. 1, 2015, the plaintiff's lawyer requested re-employment and suggested four alternate, nonpilot positions, including three with American Airlines' Flight Department in Fort Worth, Texas....

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