USERRA Protects The Rights of Military Service People

Washington, DCThe men and women who leave their employment for military service put their lives on the line in the service of their country. Unfortunately, some return home to discover that they have been fired or demoted while engaged in military service. People involved in military service do have their employment rights protected by law; however, many do not know their rights when it comes to the Uniformed Services Employment and Reemployment Rights Act (USERRA).

USERRA protects the rights of veterans to return to their former civilian employment once they have finished their tour of duty. Under USERRA, veterans must be reinstated to their employment at the same pay, seniority, and status as though they had not been away on a tour of duty. Essentially, this means that seniority builds up even while the employee is away on a tour of duty.

Benefits, such as pension benefits, also accrue as they would have if the employee were not engaged in military service. Also, veterans who are involved in military service for over 30 days can maintain their employer-based health insurance for anywhere up to two years while on military duty.

Furthermore, employers cannot discriminate against veterans when it comes to hiring, promotion, or retention.

Veterans who are injured while on a tour of duty are allowed to take up to two years from the day their service is complete to return to work and employers must make reasonable efforts to accommodate a veteran's disability.

There are some requirements for veterans to qualify for USERRA rights. Those include:

• Leaving a civilian job for military service;



• Giving advance notice informing the employer that they are leaving for the military when it is possible and reasonable to do so;



• Being engaged in military service for less than five years, (with some exceptions); and



• Reporting back to work in a specified time frame, which varies depending on amount of time spent in service.

USERRA protection includes reservists and those in the National Guard and it extends to private companies, state agencies, and the Federal Government. Despite rules requiring employers to post notices informing people of their rights under USERRA, which can include mailing information pamphlets to employees, not all employers actually do so.

Those who leave their employment for military service can take action if their USERRA rights are violated. In July 2007, two police officers in San Francisco who are also Army reservists filed a federal lawsuit claiming they were passed over for promotions because of their tours of duty in Iraq. Both plaintiffs claim they were turned down for positions that ultimately went to other people less qualified for the job. They also said they were subjected to discrimination. One of the plaintiffs further alleged that his supervisor pressured him to end his military service. The suit seeks back pay and promotions.

Lawsuits filed against companies who violate USERRA can seek a number of awards including compensation for lost wages or benefits, forcing compliance with USERRA, and recovery for attorney's fees. If the court determines that a company willfully violated USERRA it can award double the amount of lost wages and benefits.