Uniformed Services Employment and Reemployment Rights Act (USERRA)
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is a federal law that provides very broad protections to servicemembers, military members, and those in the armed services; focusing on employment. USERRA protects employees from retaliation and discrimination on account of their participation in the armed services, including taking leave from your job to participate in the armed services. USERRA protects individuals who are past or present members of the uniformed service, or who have applied for membership, from discrimination or retaliation based on that status.
USERRA provides robust reemployment rights and protections for employees who return to work from uniformed service leave. For instance, upon reemployment, you must be returned to your job with the benefits you would have attained had you not taken leave. This frequently means that employers must return uniformed servicemembers to work at a higher position and/or rate of compensation than when the servicemember took leave. USERRA is a large statute with myriad rights, privileges and protections and is currently the subject of a great deal of confusion in the employment arena with many servicemembers returning to work following extended tours in the uniformed services.
Teske Micko lawyers are national leaders in representing servicemembers in cutting-edge issues, including USERRA litigation. If you have any questions about USERRA, are a military or servicemember or believe your rights may be in violation, please contact us today.