USERRA Regulations: Your Rights as a Service Member in the Workforce

At Morgan & Morgan, we believe that those who serve our country should never have to choose between their military service and their civilian careers. 

That’s why we have the Uniformed Services Employment and Reemployment Rights Act (USERRA)—a federal law designed to protect service members from employment discrimination and to guarantee job restoration after military duty.

Your commitment to your country means sometimes leaving your home behind, where your family waits for your return. And by law, when you go back home, your job should be waiting for you, too.

Those who are faced with leaving their employment for short or ongoing deployments receive special protections under the Uniformed Services Employment and Reemployment Rights Act (USERRA). 

What Is USERRA?

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law enacted in 1994 to protect the employment and reemployment rights of individuals who serve or have served in the uniformed services.

USERRA ensures that service members:

• Are not disadvantaged in their civilian careers because of their military service;
• Are promptly reemployed in their civilian jobs upon return from duty;
• Are not discriminated against because of past, present, or future military service.

USERRA applies to all employers in the United States, regardless of size, including private companies, state and local governments, and the federal government.

Who Is Protected Under USERRA?

USERRA applies to members of the “uniformed services,” which includes:

• U.S. Army, Navy, Marine Corps, Air Force, and Coast Guard
• Army and Air National Guard (when engaged in federal service)
• Commissioned corps of the Public Health Service
• Any other category designated by the President in a time of war or emergency

The law protects both voluntary and involuntary service, and it applies to full-time, part-time, probationary, and seasonal employees.

Key Protections Under USERRA

USERRA provides three primary protections for service members:

1. Reemployment Rights

Service members have the right to return to their civilian jobs after military service, provided they meet these basic requirements:

• The employer was given advance notice (verbal or written) of the military service;
• The cumulative length of service with that employer does not exceed five years (with exceptions);
• The service member returns to work or applies for reemployment in a timely manner;
• The service member was not separated from service with a disqualifying discharge (e.g., dishonorable or bad conduct).
  
   

What Is “Prompt Reemployment”?

USERRA requires prompt reemployment, meaning as soon as practicable, typically within days, not weeks, after a service member applies for reinstatement.

The job must be the one the person would have attained if not for the military service, with the same seniority, status, and pay. This is known as the "escalator principle."

2. Freedom From Discrimination and Retaliation

USERRA makes it illegal for employers to:

• Deny initial employment, reemployment, retention, promotion, or benefits because of military status or obligations;
• Retaliate against anyone (service member or otherwise) who exercises rights under USERRA, files a complaint, or testifies in a proceeding.

Employers must treat service members as if they never left when it comes to benefits like pensions, pay raises, and promotions.

3. Health Insurance Continuation

If you leave your job to perform military service, USERRA allows you to continue your employer-based health coverage for up to 24 months. If you choose not to continue coverage, you're entitled to immediate reinstatement of your health insurance with no waiting periods or exclusions (except for service-related conditions).

What Employers Must Do Under USERRA

Employers have a legal duty to comply with USERRA, and that includes:

• Providing notice of rights: Employers must notify employees of their rights under USERRA, typically through a poster or written notice.
• Reinstating employees: Employers must reinstate employees to the same or comparable position they would have held if they hadn’t been absent for service.
• Maintaining benefits and status: Employers must preserve the employee’s seniority and benefits as though they had never left.
• Training and accommodations: If the service member’s job has changed or they need time to refresh skills, employers may need to provide training or reasonable accommodations.

Failure to comply with these obligations can lead to serious legal consequences.

Which Employers Must Comply With the USERRA?

Under the USERRA, nearly all employers, public and private, are required to comply, regardless of size. This includes:

• Private companies
• Federal government agencies
• State and local governments
• Educational institutions
• Foreign employers operating within the United States

Unlike some labor laws that exempt small businesses or specific industries, USERRA applies broadly. There is no minimum number of employees required for an employer to fall under its jurisdiction. That means even a business with only one employee must comply with USERRA if that employee serves in the military and is called to duty.

This expansive coverage ensures that uniformed service members are protected from discrimination and job loss due to their military obligations, no matter where they work. It also reinforces the law’s intent: to allow members of the Armed Forces to serve without fear of career setbacks or unfair treatment from their civilian employers.

How Do I Get Back to Work After Serving?

There are certain criteria you need to meet to get rehired at your former place of employment under USERRA.

These include:

• Giving the employer advance notice of military status
• No more than five years serving in the military since employed ([some exemptions apply](https://www.esgr.mil/USERRA/Frequently-Asked-Questions))
• Returning to the workplace within a timely manner
• A regular honorable discharge or end of service

If you have a pension, USERRA ensures that it is not interrupted: It resumes upon reemployment as though there were no time away. USERRA also protects against wrongful discharge, or firing, from the workplace due to one's time in the Army or Army Reserve.

Common USERRA Violations

Despite federal protections, USERRA violations are unfortunately not uncommon. Some of the most frequent examples include:

• Refusing to rehire a service member after deployment
• Terminating or demoting a reservist due to weekend drills or training
• Failing to reinstate health coverage
• Refusing to credit military time toward pension vesting or other benefits
• Retaliating against a service member for asserting their rights

If you've experienced any of these, you may have a strong legal claim.

What to Do if Your Rights Are Violated

If you believe your employer has violated your rights under USERRA, you have several options:

1. File a Complaint With the Department of Labor (DOL)

The Veterans’ Employment and Training Service (VETS) within the DOL investigates USERRA complaints. You can file online or submit a complaint form by mail.

VETS may attempt to resolve the dispute through mediation or refer your case to the U.S. Department of Justice or the Office of Special Counsel (if you're a federal employee).

2. File a Lawsuit

You have the right to file a private civil lawsuit in federal or state court without first going through the DOL. A successful lawsuit can result in:

• Reinstatement
• Back pay
• Lost benefits
• Double damages (if the violation was willful)
• Attorney’s fees and court costs

At Morgan & Morgan, our employment law attorneys are here to help veterans, reservists, and National Guard members enforce their rights and fight back against employers who break the law.

What if My Employer Retaliates Against Me?

Workplace retaliation is illegal. It can take many forms.

These include:

• Keeping you from promotions due to your service
• Excluding you from regularly scheduled promotions
• Changing your job duties while you’re serving
• Firing you because of your military obligation/time serving

If you’re facing retaliation or discrimination on the basis of your service, also known as military discrimination, the Employer Support of the Guard and Reserve (ESGR) is designed to resolve employment issues for current and former service members. For a formal investigation, the worker must contact the U.S. Department of Labor, which will work to hold the employer accountable and follow the law.

As that process is underway, it’s advisable to retain a lawyer to make sure you are fully compensated for any unreceived benefits, raises, or time spent unpaid in litigation or during a job search.

USERRA and Disabled Veterans

For service members who return with disabilities, USERRA offers additional protections. Employers must make reasonable efforts to accommodate disabled veterans so they can return to work.

If the original job can’t be performed due to the disability, the employer must reemploy the veteran in a position that is:

• Equivalent in status and pay to their prior role;
• Closest to the original position, based on the veteran’s qualifications;
• A reasonable accommodation for the veteran’s new limitations.

These protections work in tandem with the Americans with Disabilities Act (ADA), offering broader coverage for veterans with service-connected injuries.

How Long Do You Have to File a USERRA Claim?

Unlike many employment laws, USERRA has no statute of limitations. This means there’s no strict time limit for filing a claim, although acting quickly is still recommended to preserve evidence and strengthen your case.

What Makes USERRA Unique Among Employment Laws?

USERRA stands out because it applies to all employers, regardless of size. There’s also no statute of limitations, making it one of the most employee-friendly laws. Plus, it covers voluntary and involuntary service, including short- and long-term assignments, while also protecting against both discrimination and retaliation.

Most importantly, USERRA recognizes that military service is a national duty, not a liability, and that employers must do their part in supporting those who serve.

Can I Be Fired While on Military Leave?

No. Your job must be protected during military leave, and you must be reinstated upon return if you meet the reemployment requirements.

What if I Need Time to Adjust After Returning From Duty?

USERRA allows time for rest and recovery, especially after longer deployments. Employers must give you time to readjust before requiring immediate return.

How Morgan & Morgan Can Help

Serving your country shouldn’t mean sacrificing your career. Whether you’re a reservist reporting for weekend duty or a veteran returning from a year-long deployment, USERRA is your legal shield in the workplace.

At Morgan & Morgan, we fight for veterans, active duty service members, reservists, and National Guard members who face discrimination or mistreatment at work because of their military service.

If you’ve been denied reemployment after service, fired or demoted due to your military obligations, or denied benefits or seniority owed to you, we can help.

With more than 1,000 attorneys nationwide and a dedicated employment law team, we have the resources and experience to hold employers accountable—at no upfront cost to you. Our Fee Is Free®, and we don’t get paid unless we win.

If your employer has failed to honor your rights under USERRA, you deserve justice, and we’re here to fight for it.

Contact us today for a free, confidential case evaluation. You served your country. Now let us serve you.