Define: Userra (The Uniformed Services Employment And Reemployment Rights Act)

The Uniformed Services Employment and Reemployment Rights Act (USERRA) safeguards military personnel from unjust treatment by their employers due to their military service. It also mandates employers to reinstate their employees’ positions upon their return from military duty. This legislation ensures equitable treatment for military members and guarantees job security while they serve our nation.

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a law that safeguards military members from employer discrimination based on their military involvement. It also mandates employers to rehire certain employees who have been deployed. The primary objective of USERRA is to prevent employers from discriminating against military personnel. This means that employers cannot terminate their employment, impede their chances of promotion, or subject them to more challenging work conditions compared to others in similar positions. If an employer takes any discriminatory action against a military employee, it will be considered a violation of the Act if the military service was a “motivating factor” behind the action. For instance, if an employer fires an employee solely because they are in the military, it would be a violation of USERRA. Employees who experience discrimination may have various remedies available to them, such as obtaining an injunction against termination for a certain period or receiving monetary damages. Most claims are typically resolved informally through the Secretary of Labor, but employees also have the option to file a claim in court or potentially pursue arbitration. Another important provision of USERRA requires employers to rehire most veterans upon their return from service. The employee must be reinstated in a position and at a salary equal to what they had before their deployment. This means that some employers may need to rehire employees on improved terms compared to when they left. For example, if an employee was earning $50,000 per year before their military service and the company granted raises during their absence, the employee must be rehired at the new salary. To be eligible for this treatment, a veteran must have provided proper notice of their future uniformed service to the employer and must resume employment promptly after completing their service. However, this provision does not apply to employees who serve in the uniformed services for less than 32 days. Those who serve for 32-180 days cannot be terminated by the employer upon their return for at least 180 days, with certain exceptions. For those who serve for more than 180 days, the employer cannot terminate their employment for at least a year. For instance, if an employee serves in the military for 6 months, their employer cannot terminate their employment for at least a year after their return. There are exceptions that may disqualify an employee from these protections. An employee cannot serve for more than five years with the same employer and still be guaranteed employment after their service. Additionally, an employer may not be required to rehire an employee if they can demonstrate that rehiring is no longer feasible due to changes in the business or significant financial difficulties. For example, if a company goes out of business while an employee is in the military, the employer cannot rehire them because the job no longer exists. The standard for this exception is not clearly defined but essentially requires that reemployment be highly impractical for the employer.

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This glossary post was last updated: 17th April 2024.