Are you returning from military service? Do you intend to return to your civilian job, but are worried that it has not been held for you?
The Uniformed Services Employment and Re-employment Rights Act (USERRA) is designed to protect you. This law requires that civilian employers re-employ you if you have left that job to perform service in the uniformed service and:
- you ensure that your employer receives advance written or verbal notice of your service;
- you have five (5) years or less of cumulative service in the uniformed services while with that particular employer;
- you return to work or apply for re-employment in a timely manner after conclusion of service; and
- you have not been separated from service with a disqualifying discharge or under other than honorable conditions.
If you are eligible to be re-employed, you must be restored to the job and benefits you would have attained if you had not been absent due to military service or, in some cases, a comparable job.
You also have the right to be free from retaliation and discrimination if you are a past or present member of the uniformed service, have applied for membership in the uniformed service or are obligated to serve in the uniformed service. An employer may not deny you initial employment, re-employment, continued employment, promotion or any benefits of your employment.
If you have been the victim of illegal employer conduct under this law, you have the right to bring a civil lawsuit to enforce your rights and for money damages and attorneys fees.
CONTACT US to learn more about your rights and to begin the process of letting us fight for you.