Military and USERRA

Uniformed Services Employment and Reemployment Rights Act (USERRA)

The Uniformed Services Employment and Reemployment Rights Act (“USERRA”) prohibits discrimination against individuals because of their service in a uniformed service, such as the Armed Forces Reserves, the National Guard, or other uniformed services. See 38 U.S.C. § 4311. The Act makes it illegal for an employer to terminate the employment of, or deny any benefit of employment to, an employee based upon membership, application for service, or requirements of military service. USERRA also protects the right of service members to reclaim their civilian employment after leave for military service or training. Nonetheless, there are certain eligibility criteria, notice requirements, and other restrictions that apply to members’ rights to reemployment and employment benefits upon return from service. See, e.g., 38 U.S.C. § 4312.

The Law Offices of Kevin J. Dolley has experience in handling legal issues involving members of the military. The demands of armed conflicts across the globe put increased demands upon the military and members of uniformed services. The Law Offices of Kevin J. Dolley ensures that the legal rights of members of the uniformed services are protected upon returning home from service to meet these demands. Members of the Reserves and National Guard face unique challenges in employment because such members may be required to leave their families and civilian employment on short notice. We are familiar with such situations and can advise you regarding legal rights and obligations that are triggered by such circumstances. Any member of the uniformed services who is terminated from their civilian employment because of his or her military service is entitled to file a lawsuit in federal court seeking damages in the form of lost wages or benefits, liquidated damages, and attorney's fees. See 38 U.S.C. § 4323; see also 38 U.S.C. § 4327(b) (no statute of limitations applicable to claims that accrue after October 10, 2018).

Contact Us

To set up a consultation to discuss USERRA, please contact the Law Offices of Kevin J. Dolley at (314) 645-4100 or by email at kevin@dolleylaw.com. All legal consultations are held strictly confidential.

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  • Nationally Recognized for Labor & Employment Law
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