“USERRA”

The men and women of our military who have given their service to our country deserve fair treatment in employment.  There is a federal law called the Uniformed Services Employment and Reemployment Act (“USERRA”) that protects the rights of military personnel in the civilian workplace.

Reemployment Rights Are Protected:

You have the right to be reemployed in your civilian job if you leave that job to perform service in the uniformed service and:

• You ensure that your employer receives an advanced written or verbal notice of your service;
• You have five years or less of cumulative service in the uniformed services while with that   particular employer;
• You return to work or apply for reemployment in a timely manner after the 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 reemployed, 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 Have The Right To Be Free From Discrimination And Retaliation

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;

then an employer may not deny you:

• initial employment;
• reemployment;
• retention in employment;
• promotion; or
• any benefit of employment because of this status.

In addition, an employer may not retaliate against anyone assisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under USERRA, even if that person has no service connection.

If you are involved in an employment situation that may be in violation of USERRA, Henrichsen Law Group, P.L.L.C.’s employment law team will be your partner in protecting your rights.  We are experienced at representing military personnel. Our attorneys handle cases in the District of Columbia, Maryland, Virginia, New Jersey, Florida, and Georgia. You may also contact Neil L. Henrichsen, Esquire of the firm with any questions about USERRA.