USERRA applies to employees that are also reservists. There is no USERRA protection for applicants that have not been hired...at least that is how I read the law. (I'm not a lawyer)

The DAL class action lawsuit about USERRA violations was filed by employees of DAL.


I'm not endorsing or corroborating the "policy" that Snaplock refers to but there are definitely examples of military members who have gotten on various seniority lists and then dropped mil leave for extended periods after probation to avoid "low pay". I have several contacts that are doing exactly that...and though legal...not ethical (voluntarily requesting orders etc - vice involuntarily mobilized) There are even board members suggesting this tactic in the most current "Should I get out now" thread in the military section.

FWIW - I am a day 1 guy. Retiring in early 2018 and not expecting a call until I get 121 experience.