Military Reemployment Rights

Military Reemployment Rights lawsuits have been filed against various employers for failing to reemploy their employees who have been away from work on active or inactive duty. Likewise, USERRA reemployment lawsuits have been filed when employers have demoted or otherwise discriminated against employees in the uniformed services. USERRA laws protect uniformed service members from discrimination or retaliation related to their active or inactive duty.

Employees who leave their jobs for military training are protected under the Uniformed Services Employment and Reemployment Rights Act (USERRA). When they return from military service, their jobs must be available to them at least at the same rate of pay and benefits as if they had not left their employment. In other words, it is illegal to either fire or demote an employee who has left for military duty. Firing an employee while away on military duty constitutes wrongful discharge under state common law.

According to USERRA: "any person whose absence from a position of employment is necessitated by reason of service in the uniformed services shall be entitled to the reemployment rights and benefits and other employment benefits." Furthermore, the act states that, "a person who is a member of a uniformed service shall not be denied reemployment, retention in employment, promotion, or any benefit or employment by an employer on the basis of that membership or obligation." Finally, under USERRA the employer, "may not discriminate against or take adverse employment action against any person," because of such involvement.

USERRA protects the rights of people who serve or have served in the Armed Forces, Reserves, National Guard or other uniformed services. There are certain conditions to USERRA protection, including that the employee returns to work in a timely manner after concluding service and that the employee has given advance written or verbal notice of service where possible and not unreasonable to do so.

USERRA Lawsuits have been filed against employers who fail to hire their employees back after active service, who reemploy employees at a lesser position or who delay rehiring their employees following service.

Military Training Reemployment Legal Help

If you have been demoted or fired after military training, please click the link below to send your complaint to a Military Reemployment lawyer to evaluate your claim at no cost or obligation.
Last updated on Feb-10-12