As a U.S. Army veteran and a former reservist, military service is important to me and to our country.
If you’ve served in the military, you have undoubtedly made significant sacrifices for the country. But did you know that your civilian employer is legally obligated to protect your civilian job and treat you fairly upon your return to work? This protection falls under the Uniformed Services Employment and Reemployment Rights Act (USERRA). However, not all employers comply with USERRA, and knowing whether your rights have been violated can be confusing. In this article, we will guide you through the key protections under USERRA and help you recognize signs of a potential violation by your employer.
What Is USERRA?
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law designed to protect the employment rights of individuals who leave their civilian jobs to serve in the military. Whether you are in the Reserves, National Guard, or on active duty, USERRA provides several important protections, including the right to be reemployed after completing your service, the right to retain seniority and benefits, and protection against discrimination based on your military service.
Signs That Your Employer May Have Violated USERRA
If you suspect your employer has not complied with USERRA, here are some common signs that your rights might have been violated:
- Refusal to Reemploy You After Service
One of the fundamental rights under USERRA is the right to be reemployed in the position you would have held if you had not left for military service. This is known as the escalator principle. If your employer refuses to give you your job back or reassigns you to a lesser position, they may be violating your reemployment rights.
For example, if you were on track for a promotion before leaving for military service, you should be reemployed at the higher level you would have reached. USERRA requires that your career continues as if you had never left, including promotions, pay raises, and other advancements.
- Discrimination in Hiring, Promotions, or Benefits
USERRA also prohibits employers from discriminating against you based on your military status. Employers cannot make hiring decisions, deny promotions, or withhold job-related benefits because of your service. If your employer has passed you over for a promotion or denied you training opportunities because of your military duties, this may be an example of illegal discrimination.
For instance, if your employer makes comments like, “We can’t afford to promote someone who might be called away for military duty again,” this could be clear evidence of a discriminatory violation.
- Retaliation for Asserting Your Rights
USERRA protects not only your military obligations but also your right to assert those protections without fear of retaliation. If you have raised concerns about your reemployment rights or filed a complaint and have since been demoted, received fewer work hours, or experienced hostility from management, this could be retaliation—and it is against the law.
- Denial of Benefits, Seniority, or Pension Rights
When you return from military service, USERRA requires that your benefits and seniority be treated as if you never left. This means that you must receive the same pension contributions, seniority, and accrued benefits you would have earned if you had not been absent. If your employer refuses to credit your military service toward your seniority, or fails to provide pension contributions, they may be in violation of USERRA.
What Should You Do If You Suspect a Violation?
If you believe your employer has violated your rights under USERRA, there are steps you can take to protect yourself:
- Document Everything: Keep thorough records of your communications with your employer, including requests for reemployment, denials, and any retaliatory actions. Written records and emails can be invaluable in supporting your claim.
- File a Complaint with the Department of Labor (DOL): You can contact the Veterans’ Employment and Training Service (VETS) within the Department of Labor. They can investigate your claim and try to reach a resolution with your employer.
- Consider Legal Action: Alternatively, you can file a lawsuit in federal court. USERRA allows you to pursue your rights with the assistance of an attorney, and successful claims can include compensation for lost wages, benefits, and attorney’s fees — paid by your employer.
Conclusion: Know Your Rights Under USERRA
Serving your country is an honorable and selfless act, and you should not have to face hardship in your civilian job because of your military service. USERRA is there to ensure that service members receive fair treatment and continue their careers as if they had never left. If you suspect your employer may have violated your rights, it is important to take action. By understanding your rights under USERRA and identifying signs of a potential violation, you can make informed decisions about how to protect yourself and your career.
If you need more guidance or want to discuss your situation, consider speaking with an attorney who understands employment law and military rights – and one who has been in the military. You deserve to have your sacrifices honored, not punished. As a U.S. Army veteran, former reservist and lawyer, I’d be thrilled to help you navigate this terrain.
