Imagine returning from military service, ready to pick up where you left off at work, only to find your job has changed—or worse, disappeared. Unfortunately, many service members face challenges when reintegrating into the workforce after deployment. The good news is that federal laws are in place to protect your rights.
@nycemployment.lawyer Military men and women have important rights #userra #memorialday #employmentlaw #employmentlawyer #employmentattorney #discrimination ♬ original sound – Employment Lawyer Doug
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is designed to ensure military personnel aren’t penalized for their service. In this blog, we’ll explore your workplace rights under USERRA, from job protections to benefits, and how to defend yourself if your rights are violated.
USERRA Overview: Protecting Service Members
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that safeguards the employment rights of military service members. USERRA ensures that those who serve in the military are not disadvantaged in their civilian careers due to their service. Here’s a breakdown of key protections:
- Reemployment rights: Service members have the right to return to their civilian jobs after deployment, with the same seniority, pay, and benefits as if they had never left.
- Protection against discrimination: Employers cannot discriminate against employees or applicants based on their military status or service obligations.
- Benefits preservation: Military service members are entitled to continue their health and pension benefits during service, ensuring they don’t lose these important protections.
In short, USERRA ensures military men and women can serve their country without fear of losing their jobs or facing discrimination in the workplace.
Reemployment Rights Under USERRA
USERRA guarantees military service members the right to return to civilian jobs after service completion. These reemployment rights ensure that military personnel aren’t penalized for fulfilling their duty.
- Right to your job: Upon returning, you are entitled to your previous position or a comparable one, with the same seniority, pay, and benefits as if you had never left.
- Timely return: There are specific timelines for returning to work based on the length of your service. For example, service members who were gone for less than 31 days must report back to work within 8 hours of returning, while those with longer service periods have more time.
- Restoration of benefits: Your employer must restore your benefits, including health insurance, pension, and other entitlements, as though you had been continuously employed.
USERRA ensures that military service doesn’t set back your career, providing key protections when transitioning back to civilian life.
Protection from Discrimination and Retaliation
USERRA protects your right to reemployment and shields you from discrimination and retaliation based on your military service. Employers cannot treat you unfairly because of your service commitments.
- No discrimination based on military status: Employers cannot refuse to hire, promote, or treat you unfavorably due to your past or present military service. This includes being passed over for promotions or subjected to unequal treatment compared to your coworkers.
- Examples of discrimination: Common forms include being denied job opportunities, receiving fewer benefits, or facing unfair performance reviews because of your military obligations.
- Protection from retaliation: If you assert your USERRA rights, employers cannot retaliate against you. Retaliation could take the form of job termination, demotion, or punitive actions for filing a USERRA claim.
These protections ensure that military service members can focus on their duties without worrying about their civilian careers suffering as a result.
How an Employment Lawyer Can Help
Navigating USERRA protections and ensuring your rights are upheld can be challenging, especially if your employer doesn’t fully understand or comply with the law. An employment lawyer can guide you through the complexities of reemployment rights, discrimination claims, and benefit issues. They can also help you document your case, negotiate with your employer, and represent you in legal proceedings if necessary.Whether you’re facing job loss, discrimination, or retaliation due to military service, an attorney ensures you have the legal support to protect your career and benefits. Don’t wait to defend your rights—contact Lipsky Lowe today.
About the Author
Douglas Lipsky is a co-founding partner of Lipsky Lowe LLP. He has extensive experience in all areas of employment law, including discrimination, sexual harassment, hostile work environment, retaliation, wrongful discharge, breach of contract, unpaid overtime, and unpaid tips. He also represents clients in complex wage and hour claims, including collective actions under the federal Fair Labor Standards Act and class actions under the laws of many different states. If you have questions about this article, contact Douglas today.