USERRA: Protecting Military Service Members in the Workplace
Service members have strong federal employment protections under USERRA.
What Is USERRA?
The Uniformed Services Employment and Reemployment Rights Act protects civilian employment rights of service members, veterans, and National Guard and Reserve members. It applies to virtually all employers regardless of size.
Reemployment Rights
After military service, employers must reemploy you in the position you would have held (the "escalator" principle), with the seniority, pay, and benefits you would have accrued, provided you gave advance notice and service did not exceed five years.
Protection from Discrimination
USERRA prohibits discrimination in hiring, promotion, reemployment, retention, and any benefit of employment based on military service or obligation.
Benefits During Service
Health insurance continuation for up to 24 months, protection from discharge without cause for specified periods after return, pension plan credits, and use of accrued vacation.
Enforcing Your Rights
File a complaint with DOL's Veterans Employment and Training Service. USERRA has no statute of limitations. Remedies include lost wages, benefits, liquidated damages, and attorney's fees.
Think You Have a Case?
This article is for informational purposes. For advice specific to your situation, speak with an experienced employment attorney at no cost.
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