Uniformed Services Employment and Reemployment Rights Act
If you serve in the military, but have a civilian job – that job is protected by law when you serve your military duty.
If you have health insurance through that job – that insurance is protected.
If you have seniority or a certain level of position – these are protected.
Unfortunately, some military veterans find that their civilian employers don’t honor these obligations. And when they don’t, your rights are protected under the Uniformed Services Employment and Reemployment Rights Act (USERRA).
The Uniformed Services Employment and Reemployment Rights Act (USERRA), prohibits discrimination against persons because of their service in the Armed Forces Reserve, the National Guard, or other uniformed services. USERRA prohibits an employer from denying any benefit of employment on the basis of an individual’s membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services. USERRA also protects the right of veterans, reservists, National Guard members, and certain other members of the uniformed services to reclaim their civilian employment after being absent due to military service or training.
This is just a portion of the entire Act. The USERRA also covers employee eligibility and job entitlements, employer obligations, benefits and remedies. The law is designed to encourage non-career uniformed service so that Americans can enjoy the protection of those services, provided by qualified people, at the same time maintaining a balance with the needs of private and public employers who also depend on these same individuals.
Employers are required to provide to persons entitled to the rights and benefits under USERRA, a notice of the rights, benefits and obligations of such persons and such employers under USERRA.
You are covered under this act and have a right to be free from discrimination or retaliation if your status is any of the following:
- you are a past or present member of the uniformed service
- you have applied for membership in the uniformed service
- you are obligated to serve in the uniformed service
If so, then an employer may not deny you:
- initial employment
- reemployment
- retention in employment
- promotion
- any benefit of employment because of this status
In addition, an employer may not retaliate against anyone assisting in the enforcement of USERRA rights, including testifying or making a statement in any USERRA proceeding.
Also, if you leave your job to perform military service, you have the right to continue your health insurance for you and your dependents for up to 24 months while you are serving.
John Romano and his son, Todd Romano, served in the United States Marine Corps. They have taken a vow to represent other members of the Military who need help defending their rights after they have defended the rights of all Americans.
Romano Law Group has great respect for all who serve our country. Without the working men and women who don uniforms and leave their jobs, families, and lives to serve when needed, we could not have the rights, freedoms, and protection that we have today.
Our law firm serves those who have been discriminated against or denied employment or rights due to their military service. We represent clients in West Palm Beach, Lake Worth, Boca Raton, South Florida, and across the United States. The trial attorneys at Romano Law Group are here to protect your safety and your rights. If you have any questions about the Uniformed Service Act, or think you may have a potential case, please contact us at any time.
