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Uniformed Services Employment and Reemployment Rights
Act (USERRA)
The federal Uniformed Services Employment and Reemployment
Rights Act (USERRA) protects civilian job rights and benefits for veterans of
any United States Uniformed Service and members of the Reserve components.
The Act also protects service members from discrimination in the workplace.
If you have been denied reemployment after a deployment, an
employment benefit, or have been discriminated against by reason of your service
in the Uniformed Services, you may have a claim under USERRA.
Employer Responsibility
Under USERRA, an individual may be absent from work for
military duty and retain reemployment rights for up to five years.
The Act requires that members of the armed services returning to work be
reemployed in the job that they would have attained had they not been
absent for military service, along with the same compensation, seniority and
other terms and benefits of employment. The Act also requires employers to make
reasonable efforts to allow returning employees to refresh or upgrade their
skills to help them qualify for reemployment. If this is not possible, then the
Act provides for alternative reemployment positions. USERRA allows service
members absent for service in excess of 30 days to continue their health care
coverage for 24 months, and also protects service members' pension plans. The
Act provides protection for disabled veterans, requiring employers to make
reasonable efforts to accommodate the disability.
USERRA also protects all members of the armed services from
discrimination in employment regardless of whether their military service
was in the past, present or future. The anti-discrimination provisions of USERRA
cover initial employment, reemployment, retention in employment, promotion, or
any benefit of employment by an employer on the basis of an individual's
membership, application for membership, performance of service, application for
service, or obligation for service in the uniformed services.
Employee Responsibility
USERRA requires service members to provide their employers
with advance notice of military duty unless giving advance notice is impossible,
unreasonable, or precluded by military necessity.
A returning service member must also apply for reemployment
within certain timeframes depending on how long he or she was away for military
duty. The time frame depends on the length of deployment and is between the next
regularly scheduled work period and goes up to 90 days.
Attorney Assistance
The Law Office of
Michael D.J. Eisenberg can assist you with your USERRA claim. Mr. Eisenberg can
assist service members with giving proper notice to their employers before
leaving for military duty and with seeking reemployment and related rights upon
their return. He also represents individuals who have been subjected to
discrimination because of their military service.
Contact Mr. Eisenberg today to set up a free appointment to
discuss your case.
Phone: (202) 558-6371
E-mail:
Michael@Eisenberg-Lawoffice.com
Law Office of Michael D.J. Eisenberg
Attorney and Counselor at Law
700 12th Street, NW
Suite 700
Washington, DC 20005
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