USERRA

Those who protect our country by serving in the military deserve protection against discrimination in the workplace. In order to ensure that those who are active in or retired from the uniformed services have job security, the federal government enacted legislation to protect those in the uniformed services from losing their jobs while undertaking service, or from being discriminated against based on their military status. Enacted in 1994, the federal Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the civilian job rights of those who leave their jobs in order to undertake military service. USERRA also prohibits employers from discriminating against past and present members of the military. If you are in need of an employment lawyer because you believe your employer violated your rights under the Uniformed Services Employment and Reemployment Rights Act, it is important that you immediately contact an experienced Los Angeles USERRA Lawyer who will help you make sure your employer is held accountable for violating the law.

USERRA protects the following service people:

• Army
• Navy
• Marines
• Air Force
• Reserves
• National Guard
• National Disaster Medical System
• Commissioned Corps of the Public Health Service
• Other categories of service designated by the President during time of war or national emergency

In addition, USERRA covers all categories of military training and service, including duty performed on a voluntary or involuntary basis in time of peace or war.

Employers who must comply with USERRA include private employers, the federal government, and state and local governments.

Once you have completed your military service, your employer must reinstate you to the job you would have attained had you not been absent for military service. This means that you must be given the same seniority, status, and pay, or to a similar position to what you have had had if you had not taken leave. Once you have been reinstated your employer is not allowed to fire you for a period of time. However, your employer is allowed to fire your for cause.

In order to asset your rights under USERRA:

• You must give your employer advance notice of your service
• You must have no more than 5 years of cumulative service leave with your employer
• You must return to work or apply for reemployment in a timely manner after the end of your service
• You must have left service under honorable conditions

USERRA also provides health insurance protection. This means that if you take military leave, you have the right to choose to continue your existing employer-based health coverage for up to 24 months while you are in military leave.

Under USERRA, it is against the law to discriminate against an employee based on the employee’s military service. This means that if you are a past or present member of the uniformed service, or have applied for membership in the uniformed service, your employer cannot discriminate against you in relation to any of the following actions:

• Hiring
• Firing
• Training
• Promotion
• Performance reviews
• Work assignments
• Pay cuts
• Demotions
• Discipline
• Transfers
• Work environment

In addition, it is against the law to harass you based on your military status or to retaliate against you.

The provisions of USERRA are enforced by the U.S. Department of Labor, Veterans Employment and Training Services (VETS). If an employer fails to follow the reemployment rules under USERRA, or if an employer discriminate against or retaliates against an employee based on his or her military status, the employer will face consequences. The employer may be required to

• Comply with USERRA, e.g. reinstate the employee
• Compensate the employee for lost wages or benefits. In some cases the employer may be required to pay double the amount of lost wages and benefits
• Pay attorney’s fees and costs

If you believe that your employer has violated the provisions of USERRA by failing to follow the requirements of reemployment, or by discriminating or retaliating against you based on your military status, it is important that you are represented by someone with experience. The staff at VAKILI & LEUS, LLP has years of experience successfully representing clients has years of experience successfully representing clients in matters related to military leave, military status discrimination, as well as in other types of employment disputes. Contact us at 1-855-52LA-LAW (1-855-525-2529) to schedule a free, no obligation consultation regarding your concerns related to your employment.