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.
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.
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 AssistanceThe 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.
 38 U.S.C. 4301-4334
 There are several important exceptions to the five-year limit, including initial enlistments lasting more than five years, periodic National Guard and Reserve training duty, and involuntary active duty extensions and recalls, especially during a time of national emergency.
Contact Mr. Eisenberg today to set up a free appointment to discuss your case.
Phone: (202) 558-6371