Ann Kiernan replies:

Federal law is clear that a regular employee who is on military leave usually cannot be terminated, but must be reinstated once released from active duty. The only exception is if reemployment would be impossible or unreasonable or present an undue hardship to the employer. This exception is very limited, and the employer must prove the impossibility, unreasonableness, or undue hardship. For instance, one court has said that it is not sufficient excuse that another person has been hired to fill the position vacated by the veteran or that no opening exists at the time of re-application. Basically, reinstatement can be denied only if the veteran would have ben included in a general RIF that occurred while on active duty, or if the company would have to create a new, useless job.