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Returning Veterans


          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.

          Please  complete our confidential questionnaire to submit your inquiry. 


Military person asking about civilian job restoration
Can I return to my civilian job?
The Second Circuit Court of Appeals recently affirmed a Connecticut court's order that an employer immediately reinstate a returning veteran to his job.  The employer initially failed to reinstate the employee to his job for a period of four months.  When it did eventually reinstate him, it paid him commissions that failed to take into account all of the business that the employee had built up before he left for active duty.  The Second Circuit affirmed the trial court's order that the employer had to take the employee back and pay him a fixed salary for three months while he studied to be recertified to perform his job.  Serricchio v. Wachovia Securities LLC, 658 F.3d 169 (2d Cir. Sept. 13, 2011). 

The United States Supreme Court recently held that an employer may be liable for violations of the rights of military personnel even if the person who made the decision that harmed the employee is not the same person that made discriminatory statements.   In this case, the employee was a member of the U.S. Army reserve, and had to train for one weekend per month and two or three weeks each year.  His supervisors made hostile comments about his service such as stating that his training was "a bunch of smoking and joking and a waste of taxpayer money."  They also began to discipline him for no reason at all.  Finally, the employer decided to fire him when it saw all of the negative information in his personnel file that had been placed there by the hostile supervisors.  The Supreme Court held that it did not matter that the person who fired him was not the same person that put the negative material into his personnel file; the employee could still sue the company for discrimination on the basis of his military service.  Staub v. Proctor Hospital, 2011 WL 691244 (U.S. March 1, 2011) (Scalia, J.).  

"Returning veterans should be able to take advantage of the legal system that they protect.  
I am honored to be a part of that system and to provide a service to those who have served our country."
Attorney Richard Hayber

The Hayber Law Firm, LLC,   Employee Rights Advocates,   221 Main Street,   Suite 502  Hartford, CT  06106  
tel: (860) 522-8888      fax: (860) 218-9555