The Uniformed Services Employment And Reemployment Rights Act

The Uniformed Services Employment and Reemployment Rights Act ("USERRA"), protects reservists and members of the national guard from losing their civilian job if they are called to military service.  Under USERRA, employers of such military personnel called to active duty, must hold open the employment position for the service member until he or she may return.  USERRA applies to both voluntary and involuntary service and in peacetime as well as in time of war. The Act applies to virtually all civilian employers, including the Federal Government, State and local governments, and private employers, regardless of their size.  However, USERRA does not apply in every circumstances and the service member must meet the criteria of the Act to receive its protection.
    Initially eligibility under the Act requires that the service member's absence from employment directly result from his or her "service in the uniformed services."  The phrase "service in the uniformed services" means the service member's performance of duties on a voluntary or involuntary basis in one of the uniformed services of the United States Armed Forces, including:    

• Full-time National Guard duty;
• Active duty (Including Reservists and Guard members called to duty);
• Initial active duty for training;
• Active duty for training;
• Inactive duty training;
• Absence from work for an examination to determine fitness for any of the above military duties; and,
• Funeral honor duty by National Guard or Reservists.

    Provided that the service member qualifies under the above initial criteria, he or she will receive re-employment protection under the Act upon meeting five (5) additional requirements:

1. the service member must have held a civilian job prior to being called to duty;
2. the service member must have informed his/her employer that he/she is leaving employment because of service in the uniformed services;
3. the period of military service must not have exceeded five (5) years;
4. the service member must have been released from military service under "honorable conditions;"
5. the service member must have reported back to his/her civilian employer in a "timely manner" or have submitted a "timely" application to the employer seeking reemployment.

    If the employer then violates the Act, the service member may seek legal redress to require the employer to comply with the Act.  In certain circumstances, the employer may also be subjected to monetary/financial penalties for violating the Act.  If you have questions regarding  the Act and/or your right to re-employment following your military service, please contact one of BNWP&M's domestic attorneys to discuss your specific circumstances and issues.  Additional information regarding the USERRA also may be found by clicking the following link.  http://www.USERRA.com

JMMiller@batsonnolan.com