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Military Service Discrimination (USERRA)

The Coye Law Firm's USERRA lawyers are committed to helping the men and women of the United States military protect their employment rights during or after their service. Veterans meet many challenges when readjusting to civilian life after their military service, just as civilians called to active duty must reorganize their lives. Congress passed USERRA to eliminate employer discrimination based on military service, but unfortunately it still happens.

Background

The Uniformed Services Employment and Reemployment Rights Act (USERRA) was passed in 1994 and protects the employment rights of civilians who must leave their jobs to serve in the military. This act rewrote previous acts regarding service in Vietnam or times of selective service. It covers many issues that veterans and employers may have, such as discrimination, retaliation, job eligibility, employment benefits, and retirement benefits. USERRA entitles the veteran to compensation or promotions equal to those they would have received if they hadn't served in the military. Employers who ignore this provision can be held responsible or brought to court based on the law.

To be eligible for these protections, the serviceman or woman must have:

  • left their employment due to service in a uniformed service, such as the Navy, Army, or Marines
  • given advance notice to their employer regarding their absence
  • served for less than five cumulative years in the military during each employment
  • promptly returned to or applied for reemployment after returning from service
  • left the service honorably

When to File a Claim

If you feel your rights have been violated, it is important to discuss your case with an experienced veteran attorney. Civilian employment is essential for men and women returning from military service. If you feel that you are being discriminated against based on military service, call the Coye Law Firm today. There is no charge to discuss your case. Additionally, we can often times represent you on a contingency basis and recover attorneys fees or costs from your employer.

You can download and complete Form 1010 to file a complaint under USERRA, or you can file the form online . Instructions on how to fill out the forms are available here .

If you believe your employment rights have been violated, make sure to do the following:
  • Do not sign any statements or make any agreements until receiving legal advice.
  • Do not submit to any recorded statements regarding your complaint.
  • Keep a list of communications regarding your case such as emails, phone calls, or letters.
  • Consider what people can help your case, such as witnesses.
Read our Frequently Asked Questions about USERRA claims to learn more about the claims process and your employment rights..

USERRA is complex law that guarantees many rights for those returning from or going into military service. To discuss your case, call the Coye Law Firm to speak with a USERRA lawyer today.