USERRA Rights & Military Employment Law
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a powerful federal law that protects the civilian job rights and benefits of service members. Whether you are a member of the Active Component, National Guard, or Reserve, your service to our country should not cost you your livelihood. Catello Law PLLC provides aggressive advocacy for those facing workplace discrimination or reemployment hurdles following military service.
Reemployment Rights
If you leave your job for voluntary or involuntary military service, you are generally entitled to your previous position or a comparable one upon your return. This includes the same seniority, status, and pay increases you would have attained had you remained continuously employed. Employers cannot refuse to bring you back simply because your absence was inconvenient.
Anti-Discrimination
USERRA prohibits employers from discriminating against you due to your past, present, or future military obligations. This protection applies to hiring, promotion, termination, and performance evaluations. Furthermore, if you report a violation, the law protects you from retaliation or adverse employment actions by your employer.
Learn more about military discrimination and retaliation.
Protecting Those Who Serve
Benefits Protections
While you are away on duty, you have the right to continue your employer-provided health insurance for up to 24 months. Additionally, your military service must be treated as continuous service for pension and retirement plan vesting and benefit accruals, ensuring your retirement savings stay on track.
Learn more about USERRA health and pension benefits.
Common USERRA Questions
Does USERRA apply to small businesses?
Yes. USERRA applies to virtually all employers, regardless of size, including the federal government and state/local entities.
Do I have to give my employer written notice of service?
While written notice is highly recommended for record-keeping, verbal notice is legally sufficient under USERRA, unless precluded by military necessity.
Is there a time limit for applying for reemployment?
Yes. The deadlines depend on the length of your service. For service over 180 days, you must generally apply within 90 days of completion.
Military service members deserve a legal advocate who understands the sacrifices of duty. If your rights have been violated, contact Catello Law PLLC today.