USERRA and Military Leave Attorneys

USERRA and Military Leave Attorneys

It is an unfortunate reality that the men and women who have served our country in the military sometimes face discrimination at work. Servicemen and servicewomen are sometimes discriminated against in hiring and keeping their civilian jobs. The Uniformed Services Employment and Reemployment Rights Act, or USERRA, offers protection for service members from discrimination based on their military service.

The USERRA and military leave attorneys at Swartz Swidler, LLC strongly believe that our service members and veterans deserve compensation when they are discriminated against. We will fight to recover the compensation that you deserve while we work to hold your employer accountable for its wrongful actions.

Your rights under USERRA

Under the USERRA, you are protected if any of the following apply to you:

  • You are a current service member
  • You enlist or apply to be a service member
  • You previously served
  • You have a continuing obligation to perform service in one of the uniformed service branches

Your right to reemployment and military leave

Under the USERRA, covered service members may not be denied the following based on their past service, application for membership in the services or on their current military service:

  • Being hired for employment
  • Reemployment
  • Keeping your employment while you are on military leave
  • Promotion
  • Other benefits provided by your employer

In order to be protected under the USERRA, you must give advance notice to your employer of your intent to be absent while serving in the military. Once your employer has received notification from you, you must be provided with protected leave. When you return, your employer must give you the same job or one that is similar to it with the same pay and benefits that you had before leaving to serve. You may not be fired, demoted or have your job duties changed substantially because you left to perform your military service.

Conditions of the USERRA

There are several conditions that you must meet in order to be protected under the USERRA. The act states that you are entitled to reemployment and the reinstatement of benefits if the following conditions are met:

  • The total amount of leave that you take must not be longer than five years
  • Proper advance notice must have been given to your employer
  • You must apply for reemployment or report back to your job within the required time frame

Protection against firing

If you are reemployed by your employer after you had a leave of absence to serve lasting more than 30 days, you are protected from being fired without cause for a duration that is based on how long you served.

For instance, if you served one year or longer, you may not be fired without cause after your reinstatement for one year. If your employer fires you within that time frame, the employer will have to prove that he or she had a legitimate reason for doing so.

If you are being discriminated at your job because of your status in the military, contact the USERRA and military leave attorneys at Swartz Swidler today at (856) 685-7420.