In United States, there are citizens who are required to leave their employment positions to provide their services to the uniformed services. But what happens if they plan to return to their former companies? Fortunately there is the USERRA or the Uniformed Services Employment and Re-employment Rights Act.
The USERRA covers the uniformed services, including the Army, Air Force, Navy, and Coast Guard. Citizens who are reserved for military services are also covered by this law. If you are an employee who provided military services for the U.S., you can reclaim your job position with the help of USERRA. But first, you should have made the following actions:
- You have informed your former employer about your military service. Before leaving your job and joining the military services, you should first inform your employer about it. You may provide a written or an oral notice to your boss.
- Your application to your former company should be done shortly after your military service has ended. After the military service, you should not wait too long before applying for re-employment. This shows that you are still interested to work in the company.
- You were not separated from the military service because of a disqualifying discharge. If you have committed an offense while in the military service, you would not be covered by the USERRA in your re-employment.
- You have provided accumulative service to the military for at least five years.
If you satisfy these conditions, you have the right to be re-employed by your former employer. The following are some of the actions that your employer is not allowed to do:
- Deny your re-employment.
- Refuse to provide you the promotion or salary increase you deserve.
- Withhold your employment benefits.
If your employer has committed the following violations against you, you have the right to file a complaint. In order to have better chances to win your complaint, you will need an attorney who specializes in your current situation. You can file the case with the U.S. Department of Labor, Veterans Employment, and Training Service (VETS). The VETS will conduct the investigation and, if needed, file the lawsuit against your employer in your behalf.
Veterans and citizens who have provided military services to the country should enjoy the benefits of re-employment once their services are finished. But if the former employer refused to accept them, they have the right to hire a Los Angeles labor attorney and file a case against him.