{"id":353874,"date":"2016-04-04T10:47:11","date_gmt":"2016-04-04T15:47:11","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/military\/family-employment-housing\/what-is-military-employment-discrimination.html"},"modified":"2026-10-12T09:11:48","modified_gmt":"2026-10-12T14:11:48","slug":"what-is-military-employment-discrimination","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/military\/family-employment-housing\/what-is-military-employment-discrimination.html","title":{"rendered":"USERRA Violations: Your Rights When Employers Break the Law"},"content":{"rendered":"\n
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USERRA Violations: Your Rights When Employers Break the Law<\/h1>\n\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

A USERRA<\/span> violation<\/span> occurs when an employer denies reemployment to a returning service member, discriminates because of their military service<\/span>, or fails to provide the benefits the law requires. If your employer broke the law, you may be entitled to back pay, reinstatement, and other remedies.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n

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USERRA<\/span>, or the Uniformed Services Employment and <\/span>Reemployment Rights<\/span> Act<\/span> of 1994<\/span>, is a federal law that requires your employer to restore your civilian employment<\/span> after military service<\/span> and prohibits discrimination based on your service. If you believe your employer violated your USERRA<\/span> rights, a military employment attorney<\/a> can review your case. They can explain whether a violation occurred and guide you through your options for getting your job, pay, and benefits restored.<\/p>\n

How USERRA<\/span> Protects Your Civilian Job<\/span><\/strong><\/h2>\n

USERRA<\/span> protects members of the National Guard<\/span>, Military Reserves, and active-duty service members who take a leave of absence<\/span> from a civilian job<\/span> for military service<\/span><\/a>. To claim reemployment rights<\/span>, you must meet certain requirements.<\/p>\n

You usually need to give your employer advance notice before leaving for military service<\/span>. The law doesn\u2019t set a strict deadline. Notice should be given as early as reasonable under the circumstances, either verbally or in writing. If you\u2019re called up suddenly or can\u2019t give notice, you\u2019re still protected.\u00a0USERRA<\/span> excuses the notice requirement<\/a>\u00a0when it\u2019s impossible, unreasonable, or prevented by military necessity.<\/p>\n

You must return to work or apply for reemployment within a set period after your service ends. The time you have depends on how long you were away. If you\u2019re recovering from a service-related illness or injury, you may have up to two years. Your employer must make reasonable efforts to accommodate your disability and help you qualify for your job again.<\/p>\n

USERRA<\/span> reemployment rights<\/span> usually cover up to five total years of service with the same employer. Some types of federal active duty don\u2019t count toward this limit. If you were away for 31 days or more, your employer can ask for documents showing you are eligible to return. These may\u00a0include\u00a0a DD-214<\/a>, a leave and earnings statement, or a\u00a0letter from a military authority. Once you meet these requirements, your employer must restore your job under USERRA<\/span>.<\/p>\n

What Your Employer Owes You When You Return<\/strong><\/h2>\n

In general, employers must return you to the same job or a similar one (often called the escalator position<\/span>). You should also retain the seniority and benefits you would have earned had you never left. Employers call this the “escalator principle<\/span>\u201d<\/a>. If you were due for a promotion<\/span> before you were deployed, you should receive it when you return.<\/p>\n

Your employer must make reasonable efforts to train or retrain you for your position. If you\u2019re no longer qualified for a promotion<\/span>, USERRA<\/span> requires reemployment<\/a> in the next-highest position you qualify for, or your previous job. If your position would have been eliminated for reasons unrelated to your service, your employer doesn\u2019t have to restore it.<\/p>\n

Employers can\u2019t make decisions about hiring, firing, pay, or any benefit of employment<\/span> based on your military status<\/span>. Denying a promotion<\/span> because of possible future deployments, or firing someone for needing leave for basic training, are both examples of discrimination USERRA<\/span> prevents.<\/p>\n

Health Coverage and Retirement Benefits<\/strong><\/h2>\n

If your service doesn\u2019t exceed 30 days, your employer can\u2019t charge you more than your normal share of the premium to keep your health coverage active. For longer absences, you can elect to\u00a0continue your coverage<\/a>\u00a0for up to 24 months, or until you fail to return to work, whichever comes first. The plan can charge you up to 102% of the full premium during that stretch.<\/p>\n

Your time in military service<\/span> counts toward retirement vesting and benefit accrual as if you had remained at work. Your employer must fund any benefits owed for that period.<\/p>\n

If your civilian job<\/span> and military service<\/span> conflict, don’t leave without giving your employer proper notice. You should provide your employer reasonable notice and a copy of your orders to secure USERRA<\/span> protection. If you serve in the National Guard<\/span> under state orders, check for extra state protections, since federal law is only the minimum.<\/p>\n

Common Types of USERRA<\/span> Violations<\/span><\/strong><\/h2>\n

Most USERRA<\/span> violations<\/span> follow a few common patterns. Knowing which applies to your case helps you gather the right evidence and understand your options.<\/p>\n