Uniformed Services Employment and Reemployment Rights Act

DC Federal Employment Law Attorney

If you are an active or former member of the military, National Guard, or the commissioned corps of the Public Health Services, you may know how difficult it can be to transition back into civilian life. It is important to understand that the civilian job you held before your service may be protected by the Uniformed Services Employment and Reemployment Rights Act (USERRA).

USERRA is a federal law which prohibits employment discrimination due to military service and protects reemployment rights to 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.

In short, USERRA aims to ensure that no one experiences employment discrimination for serving our country. At Solomon Law Firm, PLLC, our experienced Washington DC military lawyers can help correct injustice and protect you from unfair treatment while providing real solutions and reassurance throughout the process.

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If you are experiencing employment discrimination due to your past, present, or future military obligations, call us at (866) 833-3529 or reach out to us online today.

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What Requirements Are Needed to Qualify for Reemployment Protections?

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

Reemployment Rights After Military Service

In accordance with USERRA, military service members who return from duty must be promptly reemployed by their previous civilian employer. Promptly does not mean within months – rather reemployment must occur within a few days of returning to civilian life. Under these laws, the employer must make efforts to ensure that the service member can resume their job.

USERRA also requires that an employee returning from service in the armed forces must be reemployed not merely in the same position they held prior to their service but in a position that they would have held had they not been compelled to spend time away from their employment in order to serve. Also referred to as the escalator principle, this means that the returning service member must be employed at the same status, pay, seniority, and all other commensurate benefits of the position they would have held if they had not served in the military.

Under USERRA, employers are also required to help employees returning from military service to become qualified to hold the jobs they would otherwise have held if they had not left to serve our Country. In other words, employers are required to make a reasonable effort to facilitate the retraining or refreshing of the returning service member’s skills in order to help them qualify for the job to which they are returning.

How Solomon Law Firm, PLLC Can Represent You in USERRA Issues

At our firm, we take great pride in providing quality legal services for military personnel. Our team of experienced attorneys is equipped to handle military law issues no matter how difficult or complicated the case may be.

Here at Solomon Law Firm, PLLC, we are committed to fighting tirelessly to pursue justice on your behalf. Our highly ranked firm understands the unique demands of defending those who have served this country, and we will provide skilled and aggressive legal assistance in any claim made against an employer under USERRA. If you prevail in your claim, you may recover wages, benefits, and litigation costs.