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Suggest a Feature →USERRA: Your Civilian Job Rights
General information, not legal advice. For legal issues, contact Trial Defense Service (TDS) or your Legal Assistance Office.
“If you deploy with the Guard/Reserve, your civilian employer can find a reason to fire you when you get back.”
USERRA (Uniformed Services Employment and Reemployment Rights Act) requires your employer to reemploy you in the same position (or equivalent) when you return from military service. They cannot fire you for up to one year after reemployment (for service over 180 days). Violations are enforced by the Department of Justice.
Your Rights Under USERRA
Reemployment: When you return from military service, your employer must reinstate you to your old position or an equivalent one with the same pay, benefits, and seniority you would have had if you'd never left.
Non-discrimination: Employers cannot deny initial employment, reemployment, retention, promotion, or any benefit of employment based on your military service or obligation.
Protection from termination: After reemployment, you cannot be fired without cause for a protected period:
- 30 days of service: no protection period
- 31-180 days of service: 180-day protection period
- 181+ days of service: 1-year protection period
The Escalator Principle
This is the most important concept in USERRA. You don't just get your old job back — you get the job you would have had if you'd never left. This means:
- If your position was promoted or given raises in your absence, you get those
- If you would have been promoted based on seniority or performance trajectory, you should be promoted
- Benefits (401k, pension, seniority) continue to accrue as if you never left
What You Need To Do
Before leaving: 1. Give your employer advance notice (verbal or written) of your military service 2. Document everything — when you notified them, their response
Upon return: 1. Report back or submit an application for reemployment within the required timeframe: 2. Provide documentation of your military service if requested
- 1-30 days of service: next scheduled work period after travel time
- 31-180 days: within 14 days
- 181+ days: within 90 days
Health Insurance
Your employer must continue health insurance coverage for up to 24 months during military service (you may have to pay the full premium plus 2%). Upon return, health insurance must be reinstated immediately with no waiting period or exclusion for pre-existing conditions.
What USERRA Doesn't Cover
- Self-employment (you can't sue yourself)
- Total cumulative military service exceeding 5 years with the same employer (with important exceptions)
- Dishonorable or bad conduct discharge
- If the employer's circumstances have changed so much that reemployment is impossible or unreasonable
Enforcement
If your employer violates USERRA: 1. File a complaint with the Department of Labor's Veterans' Employment and Training Service (VETS) 2. VETS investigates and attempts to resolve the complaint 3. If unresolved, the case can be referred to the Department of Justice for litigation 4. You can also file a private lawsuit
For Guard and Reserve Members
USERRA is your lifeline. Before every drill weekend, AT, deployment, or school, make sure your employer knows about USERRA. Most employers comply once they understand the law. For those who don't, enforcement is real and the penalties are significant.
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Contact your installation's Trial Defense Service (TDS) for UCMJ matters, or Legal Assistance Office for general legal issues. These services are free for active duty service members.