Atlanta Military Servicemembers’ and Veterans’ Rights Attorneys

The core protections of USERRA are to ensure that members of the armed forces are:

• Not disadvantaged in their civilian careers because of their military service;
• Promptly re-employed in their civilian jobs upon return from duty; and
• Not discriminated against by employers because of past, present, or future military service.

As such, the USERRA serves folks who served their country in the following ways:

• Seeking civilian employment. Applicants cannot be discriminated against due to their past, current, or future uniformed service. For example, an employer cannot deny a military service member a job because he/she may have military duties on the day the job is supposed to start or because he/she may need to perform extended periods of service in the National Guard or Reserves. Employers can turn down an employee for non-military reasons, such as not having the skills to do the job.
• Actively working in civilian employment. Once a service member is employed, an employer cannot fire, deny a promotion, discipline or deny benefits based on the member’s military status. Employers also cannot retaliate against a service member who asserts their USERRA rights or for helping another service member assert their rights. For example, an employer cannot deny you a company-wide raise or bonus because you were on military duty during any of the relevant times.
• Preparing for military deployment. Service members do need to inform their employer in writing or verbally if their service will conflict with their job. 
• Away on military deployment. USERRA helps ensure that service members who are away on duty are treated the same as if they were on the job. The service member/employee must “be given the same benefits that are generally provided to a non-military employee who goes on a furlough or leave of absence.” Away on duty includes active duty, training for active duty, active duty for special work, weekend or weekday drills, funeral honors, and fitness for duty or other necessary examinations
• Returning from military deployment. Service members need to request reemployment or report to work in a timely manner. The time you need to contact your employer depends on how long you were away. There are different time limits based on being away for 1-30 days, 31-180 days, and more than 180 days. Additional time is allowed if you are recovering from a military service injury. Even if you do not meet the time requirements for requesting reemployment, you should still be entitled to prompt employment but may be subject to employer discipline in the same ways as other employees who don’t show up to work when they should. Generally, employees who are away for up to five years can still seek reemployment with the same employer.

Our Atlanta military discrimination attorneys will explain if any exceptions apply, such as an unfavorable discharge, when the original job was temporary, if the employer’s circumstances make reemployment unreasonable or impossible, or if the employer cannot accommodate the employee’s military injury.