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Shelly Is a Graphic Designer in Your Company and She

Question 210

Multiple Choice

Shelly is a graphic designer in your company and she has been called to military duty. While she is on duty you learn that Shelly has been moonlighting graphic design for other companies. Because she has been moonlighting while on military leave from your employment, are you required to reinstate her upon her pending return from military duty?


A) Yes, the Uniformed Services Employment and Reemployment Rights Act of 1994 allows military personnel to moonlight during off-duty hours.
B) No, moonlighting constitutes other employment so the original employer is not obligated to reinstate her.
C) No, moonlighting is a breach of the Uniformed Services Employment and Reemployment Rights Act of 1994, as military personnel are to be on employment leave and not generate an income other than what their military duty provides. The employer is therefore exempt from the reinstatement obligations.
D) Yes, moonlighting is another form of employment, but you are required to reinstate her if her income from moonlighting is less than what she would have earned without the military duty.

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