Our men and women in uniform sacrifice their lives for our country, so when they complete their military obligation, it is only right that they are able to return to work. Sometimes deployments are lengthy, but that doesn’t mean that their job can’t be waiting for them when they get back home. Thanks to USERRA, that job should be open to the soldier so that he or she can get back to their normal life.
If you have questions about your rights under USERRA, contact Poole Law Office PLLC today.
Facts About USERRA
The uniformed Services Employment and Reemployment Rights Act protects our service members from losing their jobs when they are absent from work due to fulfilling their military duty. In fact, USERRA protects their reemployment rights for up to 5 years. Nonetheless, there are exceptions to this five-year limit that include the initial enlistment that lasts more than five years, periodic Reserve and National Guard training, and involuntary extensions to active duty and recalls. This means that a soldier can return to their job after the five year limit has passed.
USERRA also provides protection for those veterans who are disabled, requiring employers to do the best that they can to accommodate the disability. Service members who are recovering from injuries they received during training or service may have up to two years from the date they completed their service to apply for reemployment.
In addition, USERRA states that returning service members are to be reemployed in the job that they would have attained if they had not been absent due to their military service. This means they are to receive the same status, seniority, and pay, as well as a number of other rights that are determined by their seniority. Any violation of these rights can result in legal action against the employer for a USERRA violation when the soldier has met all of the qualifications for reemployment.
(The content on this page is for informational purposes only, shall not be used as legal advice, and is absolutely no substitute for contacting an attorney for help)