The Uniformed Services Employment and Reemployment Rights Act (“USERRA”) provides job protections to employees who temporarily leave private employment for military service. USERRA was enacted to ensure that individuals who serve the country are not disadvantaged by their sacrifice, and to encourage non-career service in the military. USERRA meets these goals by prohibiting employers from discriminating against members of the military because of their service, and guaranteeing that members of the military will be able to return to their jobs following a period of military service. USERRA also protects military service members who exercise their rights under USERRA from employer retaliation.
The lawyers of Correia & Puth, PLLC are dedicated to advancing the rights of military service members. We understand the importance of serving the country and the challenges that an employee may face in the workplace due to that choice. If you have been denied a job, promotion, re-employment or any other benefit because of your service in the military, please contact us at Correia & Puth, PLLC.
USERRA provides protection to individuals who perform service, in the Army, Navy, Marine Corps, Air Force, the Army National Guard, Air National Guard, Coast Guard, and Public Health Service commissioned corps, as well as the reserve components of each of these organizations. Certain disaster response work is also covered. USERRA not only protects those who have served in activity duty or participated in active duty training, it also protects those who have served in inactive duty, participated in initial active duty training, performed funeral honors duty in the National Guard and the reserves, and those who are absent from work in order to perform a fitness for duty examination.
USERRA requires military service members to be reemployed with the same seniority and entitlement to benefits as they enjoyed prior to their military service. If reemployment in the same position is not possible, an employer must still make reasonable efforts the employ the military service member in a similar position. USERRA also requires employers to maintain an employee’s access to their health insurance for a certain amount of time during their military service.
Employers who willfully violate USERRA face payment of double the amount of the damages incurred due to their violation of the law.
The Family and Medical Leave Act can augment protections available to members of the military, by allowing service members to take up to 26 weeks of leave during a 12 month period.
If you feel you are experiencing or have experienced workplace retaliation due to your military service, contact Correia & Puth. We are passionate about providing employees the best possible protections from retaliation. Contact us or call us confidentially at 202-602-6500 today.