Uniformed Services Employment & Reemployment Rights (USERRA)

USERRA Overview ♦ FAQs

The Coye Law Firm's USERRA lawyers are committed to helping the men and women who have served their country in the United States military or its reserves. It can be challenging for veterans to gain or reinstate civilian employment at the end of their military service, so Congress passed legal protections for these men and women upon their return.

Visit the FAQ section to learn more about the USERRA process.

Background

The Uniformed Services Employment and Reemployment Rights Act (USERRA) was passed in 1994 and protects the employment rights of civilians who must leave their jobs to serve in the military. This act rewrote previous acts regarding service in Vietnam or times of selective service. It covers many issues that veterans and employers may have, such as discrimination, retaliation, job eligibility, employment benefits, and retirement benefits. Disputes may arise with employers because USERRA entitles the veteran to compensation or promotions equal to those they would have received if they hadn't served in the military. Additionally, claims of USERRA discrimination can arise and turn into lawsuits.

To be eligible for these protections, the serviceman or woman must have:

• left their employment due to service in a uniformed service
• given advanced notice to their employer regarding potential absence
• served for less than five cumulative years in the military during each employment
• promptly returned to or applied for reemployment after returning from service
• left the service honorably

When to File a Claim

If you feel your rights have been violated, it is important to discuss your case with experienced legal counsel. Civilian employment is often vital for men and women returning from military service, and if you feel that yours has been compromised, call the Coye Law Firm today. There is no charge to discuss your case. Additionally, we can often times represent you on a contingency basis and recover attorneys fees or costs from your employer. 

You can download and complete Form 1010 to file a complaint under USERRA, or you can file the form online. Instructions on how to fill out the forms are available here.

If you believe your employment rights have been violated, makes sure to do the following.

• Do not sign any statements or make any agreements until receiving legal advice.
• Do not submit to any recorded statements regarding your complaint.
• Keep a list of communications regarding your case such as emails, phone calls, or letters.
• Consider what people can help your case, such as witnesses.
  

USERRA is complex law that guarantees many rights for those returning from military service. To discuss your case, call the Coye Law Firm to speak with a USERRA lawyer today.  

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