USERRA

He who was called to the colors was not to be penalized on his return by reason of his absence from his civilian job. He was, moreover, to gain by his service for his country an advantage which the law withheld from those who stayed behind. 

- Fishgold v. Sullivan Drydock & Repair Corp., 328 U.S. 275 (1946). 

REEMPLOYMENT 

You have the right to be reemployed in your civilian job if you leave that job to perform service in the uniformed service and: 1) You ensure that your employer receives advance written or verbal notice of your service; 2) You have five years or less of cumulative service in the uniformed services while with that particular employer; 3) You return to work or apply for reemployment in a timely manner after conclusion of service; and 4) You have not been separated from service with a disqualifying discharge. 

If you are eligible to be reemployed, you must be restored to the job and benefits you would have attained if you had not been absent due to military service or, in some cases, a comparable job.

DISCRIMINATION AND RETALIATION

You have the right to be free from Discrimination and Retaliation if you: 1) Are a past or present member of the uniformed service; 2) Have applied for membership in the uniformed service; or 3) Are obligated to serve in the uniformed service. An employer may not deny you:

          · Initial employment;

          · Reemployment;

          · Retention in employment;

          · Promotion; or

          · Any benefit of employment because of your military status. 

*An employer may not retaliate against anyone assisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under USERRA, even if that person has no service connection.

Robert Mitchell, Attorney at Law, PLLC, has used USERRA to defend the rights of thousands of Servicemembers.  If you believe you were treated unfairly because of your military membership, please telephone me today at

509-327-2224 or 360-993-5000, or email me at bobmitchellaw@gmail.com.