Pursuant to the Uniformed Services Employment and Reemployment Rights Act (USERRA), a person who is a member of, performs, has performed, or has an obligation to perform service in a uniformed service shall not be denied reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, performance, or obligation. Additionally, the law prohibits discrimination against an individual who exercises USERRA rights.
USERRA outlines reemployment rights of individuals who serve in the armed forces. In the case of a person whose service in the uniformed services exceeds 90 days, the employer is required to reinstate the enlisted person in the same or substantially similar job upon return from service.
USSERA says that a person who is absent from a position of employment by reason of service in the uniformed services shall be (A) deemed to be on furlough or leave of absence while performing such service; and (B) entitled to such other rights and benefits (which are not determined by seniority), as other similarly situated employees are eligible to receive. Employers are obligated to maintain healthcare and pension benefits for protected employees.
A person who is reemployed by an employer under USSERA shall not be discharged from such employment, except for cause within one year after reemployment, if the person’s period of service before the reemployment was more than 180 days.
An employee who is not reinstated, or fired without cause, may recover typical employment law remedies, including reinstatement, back-pay, liquidated damages (double damages), interest, costs, and attorney fees.
For a Confidential Consultation Contact Milwaukee Military Employment Lawyer at Alan C. Olson & Associates to discuss your case. Call (262) 785-9606
