Uniformed Services Employment and Reemployment Rights Act (USERRA)

Military Status Discrimination Law

 

At Kalijarvi, Chuzi, Newman & Fitch, P.C., we are proud to represent members of the National Guard, Reserves, and other uniformed services who balance civilian careers with their commitment to serve. When service members are called to duty, they shouldn’t have to worry about whether their civilian jobs will be waiting for them when they return.

 

KCNF attorneys have deep experience enforcing the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), a federal law that protects service members from discrimination and ensures their right to return to work following military service.

 

What USERRA Protects

 

USERRA was enacted to encourage service in the uniformed services, guard against employment discrimination related to a member’s service, and guarantee that those who serve are not disadvantaged in their civilian careers. The law provides three key categories of protection:

 

  • Reemployment Rights: Service members are entitled to be promptly reemployed in their civilian jobs when they return from specific types of duty. Under USERRA’s “escalator principle,” returning employees should be restored to the position and pay, benefits, and seniority that they would have attained had they not been called to service.
  • Protection from Discrimination: Employers may not deny hiring, promotion, or any other employment benefit based on military service, obligations, or applications to serve.
  • Protection from Retaliation: Employers may not take adverse action against a person who enforces their USERRA rights, testifies, or assists another service member in asserting protections under the law.

 

Who Is Covered Under USERRA

 

USERRA protections apply broadly to:

 

  • Members of the National Guard, Reserves, and active-duty military
  • Individuals applying to join the uniformed services
  • Employees who assist or testify on behalf of service members asserting USERRA rights

Recent amendments also extend protection to State Active Duty service of 14 days or more, or service in response to certain national emergencies and major disasters.

 

Common Violations

 

Service members may have a USERRA claim if they experience:

 

  • Refusal to reemploy following a period of military service
  • Termination, demotion, or loss of seniority after returning to work
  • Denial of promotion, pay, or benefits because of military obligations
  • Retaliation for asserting USERRA rights or supporting another service member

 

How KCNF Can Help

 

Our attorneys have extensive experience handling USERRA and other military status discrimination cases, both in federal court and before administrative agencies. We help clients:

 

  • Enforce their reemployment rights after military service
  • Pursue remedies for discrimination or retaliation under USERRA
  • Negotiate reinstatement, back pay, or other forms of relief
  • Advise on proactive compliance for federal employees and contractors

KCNF is also deeply familiar with the unique intersection of federal employment and military service, including issues involving security clearances and reductions-in-force affecting Guard and Reserve members.

 

If you believe your employer has violated your rights under USERRA, or if you have questions about how your service obligations are protected, contact KCNF. Our team is ready to help you understand your options and protect the career you’ve worked hard to build.

 

Call (202) 331-9260 or contact us today.