USERRA protects employees who serve in the military — whether active duty, National Guard, or Reserves — from discrimination and retaliation because of that service. It also guarantees their right to be reemployed when they return from duty.
The law is simple in principle but often mishandled in practice. Here are a few key reminders.
The law is simple in principle but often mishandled in practice. Here are a few key reminders.
Unlike many other workplace statutes, USERRA covers virtually everyone. There's no small-business exemption, no "we're too tiny for this" exception. If you employ even one person in the United States, you're covered — whether you're a mom-and-pop shop, a city government, or a Fortune 500 company. Federal, state, and local employers are covered too. The only real exceptions are foreign governments and genuine independent contractors (who aren't "employees" under the law).
No discrimination, no retaliation. You can't make hiring, firing, promotion, or pay decisions based on someone's military obligations.
Reemployment rights are strong. When a service member returns, they must be reinstated to the job they would have had if they'd never left — with the same seniority, pay, and benefits.
Training and updates matter. If they missed training or certifications, you must give them a fair chance to catch up.
Health benefits and pension rights continue. USERRA ensures certain benefits carry through their service period.
The law doesn't care if compliance is inconvenient or if schedules are tight. Employers must adjust. It's the least we can do for people who put their civilian lives on hold to protect ours.
So today, as we thank our veterans, let's also commit to backing up those words with action — by honoring not just their service, but also their rights.
No discrimination, no retaliation. You can't make hiring, firing, promotion, or pay decisions based on someone's military obligations.
Reemployment rights are strong. When a service member returns, they must be reinstated to the job they would have had if they'd never left — with the same seniority, pay, and benefits.
Training and updates matter. If they missed training or certifications, you must give them a fair chance to catch up.
Health benefits and pension rights continue. USERRA ensures certain benefits carry through their service period.
The law doesn't care if compliance is inconvenient or if schedules are tight. Employers must adjust. It's the least we can do for people who put their civilian lives on hold to protect ours.
So today, as we thank our veterans, let's also commit to backing up those words with action — by honoring not just their service, but also their rights.