Penalties for USERRA violations can result in the payment of lost wages and/or benefits. Attorney’s fees are also awarded to the prevailing party. In addition, liquidated damages may be available for willful violations.

What are the legal issues associated with USERRA?

What is USERRA? Under USERRA, it is also illegal for an employer to discriminate against current, past, or future service members when it comes to being hired. Also forbidden is discrimination against service member employees regarding promotion, benefits, or other workplace advantages.

Is National Guard training covered under USERRA?

USERRA’s definition of “service in the uniformed services” covers all categories of military training and service, most often understood as applying to National Guard and reserve military personnel. USERRA also applies to persons serving in the active components of the armed forces “upon release from active duty.

How do I complain to USERRA?

The U.S. Department of Labor, Veterans Employment and Training Service (VETS) is authorized to investigate and resolve complaints of USERRA violations. For assistance in filing a complaint, or for any other information on USERRA, contact VETS at 1-866-4-USA-DOL or visit its website at

What is a USERRA complaint?

​The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law, passed in 1994, that protects military service members and veterans from employment discrimination on the basis of their service, and allows them to regain their civilian jobs following a period of uniformed service.

What is veteran harassment?

Employees and job applicants with military or veteran status now qualify for state law protection under the California Fair Employment and Housing Act (FEHA), which makes it unlawful to discriminate against or harass a person on the basis of either military or veteran status.

Can an employer deny military leave?

No. As stated previously, an employer may not require documentation for notification prior to military duty. Further, an employer does not have a”right of refusal” for military leave of absence, so long as the employee has not exceeded the 5 years of cumulative service provided under USERRA.

What are the job rights of a USERRA employee?

THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System.

Does USERRA treat military service as continuous service?

For purposes of pension plan participation, vesting, and accrual of benefits, USERRA treats military service as continuous service with the employer. What are my obligations as an employer?

Where can I get help with employment disputes with USERRA?

ESGR has Ombudsmen available to answer USERRA questions and respond to employment disputes related to military service. Call 1-800-336-4590 or visit This guide is intended to be a non-technical resource for informational purposes only.

What are the time limits for returning to work under USERRA?

Section 4312 (e) / 20 CFR 1002.115 To qualify for USERRA’s protections, a service member must be available to return to work within certain time limits. These time limits for returning to work depend (with the exception of fitness-for-service examinations) on the duration of a person’s military service. Service of 1 to 30 Days