What are the legal issues associated with 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.
When does an employer have to pay for USERRA?
USERRA requires employers to continue to pay for their employees’ health insurance benefits for a period of military service that lasts fewer than 31 days.
What do you need to know about USERRA after military service?
USERRA provides that following periods of military service of 31 days or more, the returning employee must, upon request, provide documentation that establishes length and character of the service.
Can a company retaliate against you for violating USERRA?
USERRA prohibits retaliating against any person for taking action to exercise or enforce a right under USERRA or for complaining about a violation of USERRA. USERRA requires employers to continue to pay for their employees’ health insurance benefits for a period of military service that lasts fewer than 31 days.
What to do if you have a problem with USERRA?
They include: Hiring a private law firm that has experience with USERRA—like Outten & Golden LLP—to represent you, including by filing a complaint in federal or state court, or by negotiating a resolution with your employer. You can file an individual action or a class action.
What do you need to know about USERRA?
To assist with understanding the Uniformed Services Employment and Reemployment Rights Act (USERRA), ESGR has partnered with the Department of Labor to create a list of frequently asked questions (FAQs) concerning USERRA.
Can you use USERRA while on military duty?
The employee may also be required to provide orders after a period of military duty ends if she requested to use any type of paid leave while away on military duty. Away on military deployment. USERRA provides a number of protections for employees who are absent from civilian work due to voluntary or involuntary uniformed service.
Who is the Department of Labor that administers USERRA?
The U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS) administers the Uniformed Services Employment and Reemployment Rights Act (USERRA).
When do you get a fresh USERRA entitlement?
Service in the uniformed services, except the types of service described below, counts toward the cumulative 5-year limit of active Federal NDMS service a person can perform while retaining rights under USERRA. When a person starts a new job with a new employer, he or she receives a fresh 5-year entitlement.