Military Service Discrimination (USERRA)
Most members of the armed services are covered by the Uniformed Services Employment and Reemployment Act ("USERRA"). This law covers transitions from service to civilian jobs which, at times, can be difficult. USERRA protects service members from discrimination in employment where the discrimination is based on their past, future, or present military service.
The law requires employers to treat service members who are deployed the same as any other employees on leave. In other words, if employees are offered paid time off, service members must be offered the same benefit. However, USERRA does not protect service members from adverse employment actions that are unrelated to military service.
USERRA provides service members with the right to re-employment with the pre-service employer as long as the length of service isn't more than 5 years, the service member hasn't been dishonorably discharged, and the service member re-applies for the job in question. There are some exceptions to these re-employment rights, so contact experienced counsel to assist you in your transition back to work.