What Soldiers Need To Know About USERRA

It doesn’t matter whether you are just enlisted, already in action or waiting for another tour of duty yet it is imperative that you understand and utilize the broad federal protection under USERRA. This law is a federal statute that protects civilian job rights and benefits for veterans and members of the Reserves.

There are many factors about this law that are important; too many for one blog. I will therefore make this a 3 part series on what I consider a very important statute.

A. Notice To Employers

#160; The first factor you should understand is the obligation you have under the law to provide advance written or verbal notice to your employers for all military duty. Fortunately, there are exceptions. You will still have protection if giving notice to your employer is 1) impossible, 2) unreasonable, or 3) precluded by military necessity. For example, being deployed to Iraq or any other war zone would satisfy these exceptions. However, if an exception doesn’t apply, you should provide notice as far in advance as is reasonable under your individual circumstances. Additionally, you are allowed to use accrued vacation or annual leave while performing your duty but you are not required to.

B. Important Time Considerations

Under USERRA, there are also strict time lines you must adhere to when applying for reemployment or reporting back to your job. The period you have to apply for reemployment or report back to work after service is based on the time you spent on duty. You should commit these to memory so you can take advantage of your statutory rights.

• Service of less than 31 days: You must return at the beginning of the next regularly scheduled work period on the first full day after release from service. You may also take into consideration safe travel back home and an 8 hour night of sleep.   
• Service of more than 30 days but less than 181 days: You must submit an application for reemployment within 14 days of release from service.
• Service of more than 180 days: Your application for reemployment must be submitted within 90 days of release from service.

I hope this was helpful in getting you interested in finding out more about your rights and protections under USERRA.

Stay tuned for Part II of our 3 part series. You can find out more information about your rights by visiting the Veterans' Employment and Training Service(VETS) website.

Mass Alimony Reform Bill A Light At The End of The Tunnel

The Mass Alimony Reform Bill was introduced on January 18, 2011 by Senator Gale D. Candaras (D – Wilbraham) and Representative John D. Fernandes (D – Milford). Some may disagree with Candaras and Fernandes but their respective arguments are tough to deny... Candaras argues that the "...Alimony Reform legislation will bring clarity and make more equitable a law in need of revision. It is intended to promote marriage, foster self sufficiency and encourage all individuals to plan for their retirement... ." The final Bill did however take concessions from all sides. As Fernandes explains, "..[t]his bill, borne of a collaborative effort of practitioners, jurists and those advocates who have lived the alimony experience provides the change that is needed. I am anxious to see this legislation move forward to passage.”

This legislation proposes sweeping changes to our antiquated system of awarding and modifying alimony. However, not everyone is happy with the new legislation and the changes it may bring to alimony laws in Massachusetts. The current statute, MGL Chapter 208 Section 34, gives Judges broad discretion in awarding alimony. This discretion in and of itself creates an atmosphere with no direction and drives many cases to trial that may have been settled otherwise. Some say the statute’s vagueness also encourages litigation and discourages people from getting married.

On the other hand, the new system (if enacted) would give much needed guidance and direction to judges, attorneys and litigants. Below is a list of the key reforms proposed under the new bill:

• Providing separate alimony categories with clear definitions and set durational limits (e.g. general term alimony, rehabilitative alimony, reimbursement alimony, and transitional alimony).
• Termination of General Alimony at retirement - Alimony terminates upon payor attaining the full retirement age per the old-age retirement benefit under Social Security.
• Addressing cohabitation - The cohabitation of the recipient spouse with another person for a continuous period of at least three months may be cause for suspension, reduction or termination of alimony.
• Modifying factors considered in an Alimony Order & percentage of need.

For more information on the history of alimony and the proposed changes visit: http://alimonyreform2ndwives.blogspot.com/ and http://massalimonyreform.org/. For more information call the Law Offices of  Brian J. McLaughlin ESQ. 857-241-3689.

To Be Material, or Not to Be?

This blog will examine what steps need to be taken to file for and prove a material change in circumstance. Part two of this blog will examine the new legislation concerning alimony and its impacts.

First a person must file a complaint alleging a material change in circumstance. The material change in circumstance must be something new that has not been brought to the court's attention during the divorce proceeding. Either party may file for a change in circumstance after the divorce has been granted. If the divorce was settled by an agreement, the agreement must have a merger clause merging the agreement into the final divorce judgment. The merger clause allows for the modification standard to be used rather than a more difficult countervailing equity standard. Some obvious examples of material change in circumstance are a job loss or ill health. These must be explained in the complaint and supported by evidence.

However, there are two different types of material changes in circumstance that are not as obvious as ill health or job loss. First is the situation that involves children. For example, the child has been living with his/her mom and now live with the father. Here, the change in circumstance also deals with the child and not strictly financial issues. Now, there's an additional step to the analysis. The court must now take into account the best interest of the child when considering a material change in circumstance.

The second situation to be aware of is whether either spouse has a new cohabitant. Under the current law in MA, the court considers this a material change in circumstance. Now, the non-cohabiting spouse is entitled to file for a modification of his/her alimony payment.

Furthermore, under current MA law, if one of the spouses remarries, the court may take into account the new spouses income when modifying a previous alimony judgment. This situation has helped form several groups such as the 2nd Wives Club and Mass. Alimony Reform whom have both participated in presenting the Alimony Reform Bill to the Mass. Legislature just last month.   

You can consult Brian McLaughlin for any of your modification needs at www.bmjrlaw.com