The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that prohibits employment discrimination due to military service and protects the reemployment rights of those who have returned to the workforce after returning from military orders.
Under USERRA, if you leave your civilian job to serve in the military you may be entitled to return to the same job providing you meet the USERRA eligibility requirements, or to the position you would have held, but for the absence related to military service.
If you have a legal matter pertaining to your rights under USERRA, it is important that you consult with a DC federal employment lawyer at the Solomon Law Firm, PLLC to discuss your situation. An experienced attorney at the firm can review your case, advise you on your rights and options, and help you move forward with appropriate legal action.
Who Is Protected Under USERRA?
USERRA protects those who have served in the armed forces, Army or Air National Guard, commissioned corps of the Public Health Services, and other service categories designated by the President. As a returning service member, you are eligible for reemployment under the following guidelines when:
- You held a job with a civilian employer
- You gave advance notice of your impending military service to your employer before leaving
- Your service was not longer than 5 years (in most cases, however, there are some exceptions that may extend this time period)
- You timely applied for reemployment with your civilian employer upon returning.
Your employer is required to reinstate you to a position of the same status, seniority, and pay that you would have gotten if you had not served in the military, this may include promotional positions pursuant to the escalator principle.