Federal Protection For Returning Veterans

The Department of Justice (DOJ) recently filed a complaint against a Virginia company for allegedly violating the Uniformed Services Employment and Reemployment Rights Act (USERRA) when it allegedly fired a Navy reservist without good cause when he returned from Iraq. As more Veterans return, the DOJ will likely field more USERRA complaints.

USERRA is intended to protect members of the guard and reserves from job loss, demotion, loss of seniority, and loss of benefits when they are called to active duty. As an employer you may have employees who reported for duty in Iraq. If so, it is important to understand that these employees are protected under USERRA.

To have reemployment rights following a period of service in the uniformed services, an employee must: give advance written or verbal notice; serve no more than a cumulative five-year service time limit; be released from service under “honorable conditions”; and report to his employer, or submit an application for reemployment in a timely manner, which is determined by the amount of time the employee has been on leave.

Once an employee meets the USERRA eligibility requirements, the employer is required to give him his job when he returns from his military commitment. Two exceptions to this law exist for changed circumstances and undue hardships. However, if the eligibility requirements are met and no exceptions apply, the returning employee is entitled to prompt reinstatement, accrued seniority (as if continuously employed), training or retraining and special protection against discharge.

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