Uniformed Services Employment and Reemployment Rights Act (USERRA)

Signed into law in 1994. USERRA protects individuals who serve the United States in its armed forces, national guard, or otherwise uniformed service. The law allows for service members to take leave, voluntary or involuntary, in conjunction with service to the country.

What responsibilites do employers have?

In short, employers must return an employee back to work after the employee completes their service. Likewise, employers may not discriminate against the employee because of their service. Specifically, an employer must:

  • not refuse to hire someone because of their military service;
  • return an employee back to the same position after returning from service;
  • retain the employee;
  • promote the employee irrespective of absence; and
  • give the employee any benefit they may have received from being employed during that time.

Whom does USERRA protect?

The law protects individuals connected to uniformed service. Specifically, the law protects:

  • Uniformed service members;
  • Applicants seeking to join uniformed service; and
  • People who perform, have performed, apply to perform, or have an obligation to perform as a part of the armed services.

To which employers does USERRA / State Law apply?

USERRA applies to all civilian employers, including state and federal governmental entities.

Does state law protect service members?

Yes, in addition to the federal law, USERRA, Texas State law, specifically the Texas Government code also protects service members in the workplace who take service-related leave.

Who enforces USERRA?

Although someone who has experienced workplace issues related to military service may file a complaint with the United States Department of Labor, hiring an attorney often produces faster and better results.

Contact me, a USERRA attorney

The USERRA is a complicated law with many requirements for how an individual must give notice to employer in order to properly qualify and take and return from leave. If you think that your employer has interfered or otherwise retaliated against you because of your military service or military leave, contact me a Texas USERRA attorney in order to schedule a consultation.