USERRA Military Rights Lawyer

Our brave men and women in uniform risk life and limb for our country. They should not have to risk their jobs because of their service. To protect the brave, congress enacted the Uniformed Services Employment and Reemployment Rights Act (USERRA), a federal law, that protects the reemployment rights of service members after returning from active-duty service (both voluntary and involuntary). It further protects; those called from the reserves and the National Guard.

What do Military Rights Protect Employees In Their Civilian Jobs?

USERRA prohibits employers from discriminating against employees based on their military service or related obligations. Workers are protected if: (1) they are past or present members of the uniformed service; (2) they applied for membership in the uniformed service; or (3) they are obligated to serve in the uniformed service.

Under USERRA, service members have the specific right to be reemployed in their civilian jobs if they leave the job to serve in the military, and they are afforded many protections while maintaining their civilian jobs, such as protections from retaliation and discrimination. For those protected, employers may not engage in any of the following adverse actions:

  • Termination
  • Reduce pay
  • Harassment relating to military orders
  • Failure to hire
  • Fail to reemploy
  • Fail to retain in the service member’s prior job position
  • Fail to promote
  • Demote
  • Cutting benefits provided to other employees

Because every employment situation is different, there could be other types of adverse employment actions that would violate the anti-discrimination protections under USERRA.

USERRA May Protect Non-Uniformed Services Too

Like many other employee-protection laws, employers may not retaliate against anyone who assist the enforcement of any USERRA rights. This includes testifying as a witness or making a statement in connection with any USERRA proceeding.

What to do when you believe your employer violated USERRA?

It is important to know that there are requirements related to providing notice to the employer, the amount of cumulative military service of the employee, promptly returning to work, and disqualifying discharges. Because of these requirements, it is important (1) collect all relevant evidence to support your claims, (2) document your requests relating to leave/orders and any complaints of possible violations, and (3) to speak with an attorney at O’Connell Law, as soon as you believe that you need to exercise your rights under USERRA. If you have questions regarding your case, contact our experienced New York and Florida military rights lawyers.