Motorcycle Accident Attorney
Contact Us Today

USERRA

USERRA Law, Rights & Regulations

five stars
1298 reviews
Contact Us Today
  • $13 Billion+ Won
  • 800+ Lawyers Nationwide
  • The Fee is FreeTM, Only Pay If We Win
  • America’s Largest Injury Law Firm
  • Protecting Families Since 1988
USERRA Law, Rights & Regulations

When a United States service member is called to duty, they heed that call — no matter what’s going on at home. That means that sometimes, they have to leave family behind and leave their job behind. But what about when they come back? Will their job still be there?

By law, it should be.

What is USERRA?

USERRA protects military service members in a number of ways: It ensures they’re reemployed after returning from duty, prevents career disadvantages linked to the military, and forbids employment discrimination based on their service. (USERRA stands for the Uniformed Services Employment and Reemployment Rights Act of 1994.)

Whether a member leaves a job by choice or involuntarily, USERRA ensures job security when they return and protects from anti-military bias on part of the employer.

Under USERRA, it is also illegal for an employer to discriminate against current, past, or future service members when it comes to being hired. Also forbidden is discrimination against service member employees regarding promotion, benefits, or other workplace advantages.

The time the employee spends performing military duty should be considered the same as a leave of absence or furlough from their position.

Who Is Protected Under USERRA?

Anyone who has trained and/or served in the military falls under USERRA protections, whether they did so in a time of war or peace, voluntarily or involuntarily. This includes National Guard and Reserve members, those who serve in the National Disaster Medical System and the Public Health Service Commissioned Corps, and active parts of the armed forces.

All public, private, and government employers must adhere to USERRA, regardless of the company’s size; it also applies to American companies that work in foreign countries and vice versa, provided it does not violate the laws of said foreign country.

USERRA does not protect independent contractor positions.

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.

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.

Free Case Evaluation
Tell us about your situation so we can get started fighting for you. We tailor each case to meet our clients' needs.

By submitting you agree to our Terms & Privacy Policy.

FAQ

Morgan & Morgan

Hear From Our Clients

We’ve helped over 300,000 families.
See what they have to say.

Marlon B.
Auto Accident
5 stars

Our Personal Injury Lawyers
Have Over 28,000
5-Star Google Logo Reviews

Jerri
Unbelievably organized, responsive and probably the most effective process-oriented group of people I've ever seen. Their preparation for mediation and trial is beyond comprehensive. Across two cases and 3 years, not once did anything fall between the cracks. Everyone I came into contact with exemplifies professionalism; they quickly resolved insurance issues and spent time educating me about everything affecting my cases.
Georgia J.
General Injury
Rupdai
It has been an amazing experience with your law firm. I will be happy to refer any of my family and friends to your law firm. I am very thankful to Sabrina Thornburg and Andrew Felix for everything that they have done on my case. Sabrina kept in touch with me to let me know how everything was going and I am very happy with the service that she and Andrew provided. Your slogan really is true, you are for the people. Thank you.
Antonia C.
Slip and Fall
Alejandro
I was very happy with the communication between the legal counsel and myself. If I had any questions I could leave it if not directly and I would have an answer within 24 hours by either email or a courtesy phone call. Also, the quick resolution of the matter was something I appreciate very much. Needless to say the result was more than expected.
Todd E.
Homeowners Insurance
Jasmine
I originally hired a different law firm after being involved in a multi-car accident on the interstate, but after a few conversations, arguments, and showing me other cases were more important than mine, I called and hired Morgan & Morgan! That was one of the best decisions I've made as an adult! Not only have they been in contact with me, but they listened and found mistakes in the crash report that the officer didn't want to admit to! I'm beyond thankful!
See More

The Fee is FreeTM Only Pay If We Win.

1

Free case evaluation icon

Submit a Free Case Evaluation

You can find out if you qualify immediately.

2

Incoming icon

Get a Call From Us

Our specialists will walk you through your case and collect all the right information to win your case.

3

Woman with computer icon

Let Us Get to Work

Our specialized attorneys will handle every step of your case from start to finish. You don’t pay until we win.

Call Us Now

See Our Nationwide Results

We’ve won over $13 Billion for our clients in cases of all types. Let us work hard for you.

Car icon
$120,000,000
Car Accident
Medical Malpractice icon
$28,450,105
Medical Malpractice
Clock and money icon
$820,000
Unpaid Overtime
Tobacco icon
$91,000,000
Tobacco
Slip & Fall icon
$3,140,804
Slip & Fall
Premises Liability icon
$8,800,000
Premises Liability
Social Security icon
$1,331,245
Social Security
Civil Rights icon
$1,800,000
Civil Rights