Wade Coye's Blog
Regulating the Regulators
The “Great Recession” that started three years [...]
Emerging Technologies within Traditional Systems: Video Conferences
It is so easy to communicate in today’s world. [...]
Building the New Orlando Location
In July 2009, the Coye Law Firm temporarily relocated [...]
Dan Smith's Blog
The Bench is a Boundary
At a recent Social Security Disability hearing, I was [...]
Insurance Companies Protecting Themselves: Florida’s Non-joinder Statute
During a recent case, I had to explain to a client why we [...]
Social Networks as a Legal Tool
People use social networks every day. Their activities, [...]
Random Feeds
Couple held after infants' bodies found
French national police Tuesday detained a couple after the [...]
Frequently Asked Questions about USERRA
USERRA Overview ♦ FAQs
Frequently Asked Questions
Q: Is there a statute of limitations for USERRA claims?
A: Despite the law's exclusion of a statute of limitations, it does require timely action. Some previous federal cases have ruled that the four year federal general statute of limitations is a standard in these cases, so it is important to seek legal action soon after rights have been violated if pursuing a military employment suit.
Q: Are there any exceptions to the eligibility guidelines?
A: Yes. The five year limit does not include the periodic training duty of the National Guard and Reserve, initial enlistments lasting more than 5 years, and involuntarily being extended or recalled in active duty, especially during a national emergency.
Q: How do I give notice to my employer that I will be serving in the military?
A: USERRA states that the employee can give notice to the employer in writing or verbally. The exceptions to this rule are if the notice is:
- impossible,
- unreasonable, or
- prohibited by military necessity.
Q: How soon after I return from service do I need to contact my employer about reemployment?
A: The amount of time between completion of military service and return to civilian employment depends on the length of service. If you served for less than 31 days, you must return to work during the next regularly scheduled work period on the first full day after release from service. The employer must take into account the safe travel home and an eight-hour rest period for the employee prior to return.
For service longer than 30 days but less than 181 days, the service member has up to 14 days from release from military service to apply for reemployment. If the service member served longer than 180 days, he or she has up to 90 days from release from service to apply for reemployment.
Q: Do employers have to accommodate veterans with disabilities under this law?
A: Yes. USERRA protects veterans with disabilities by requiring the employer to make efforts in accommodating their injuries. Additionally, USERRA allows veterans recovering from injuries up to two years from the completion of service to seek reemployment or return to their previous job. If you have experienced discrimination because of a disability, contact the Coye Law Firm today.
Q: How should I be reintroduced to my job?
A: USERRA requires that employers make a reasonable effort to reintroduce military personnel to their jobs. This may include retraining or helping the person refresh or upgrade their skills. Denial of this accommodation may fall under the realm of USERRA discrimination.
Q: Will my health insurance coverage be affected by military service?
A: If you leave your job due to military service, you have the option to continue your employer-based health care plan for up to 24 months while serving in the military. If you chose not to keep the employer-based health care, you have the option to reinstate it upon returning to work. Injuries sustained during military service may be subject to exclusion, however.
Q: How does the government handle USERRA claims?
A: The Veterans Employment and Training Service (VETS), a part of the Department of Labor, investigates claims related to USERRA. If the investigation does not lead to a resolution of the issue, the service member can have their claim referred to the Department of Justice, where it will be assigned to an appropriate District Court. If the violation of USERRA is proven to be intentional, then the service member may be awarded reasonable attorney fees.
Contact the Coye Law Firm's USERRA attorneys today to handle your claim of USERRA military discrimination.
