What happens when an employer violates USERRA?

If a federal court, state court (for states that allow claims) or the MSPB find that your employer has violated USERRA, they will order your employer to comply with the law and award you damages for lost wages and benefits.

What are the penalties for violating USERRA?

Penalties for USERRA violations can result in the payment of lost wages and/or benefits. Attorney’s fees are also awarded to the prevailing party. In addition, liquidated damages may be available for willful violations.

What responsibility does your employer have after you return from military service?

What is your employer required to do? USERRA requires an employer to promptly reemploy you when you return from military service. The employer must put you back into the same position, and you may also be entitled to advancement to a higher position that you would have obtained had you never left.

How do I report a USERRA violation?

The U.S. Department of Labor, Veterans Employment and Training Service (VETS) is authorized to investigate and resolve complaints of USERRA violations. For assistance in filing a complaint, or for any other information on USERRA, contact VETS at 1-866-4-USA-DOL or visit its website at www.dol.gov/agencies/vets.

Can a federal employee alleging a USERRA violation file a complaint directly with the MSPB?

A person entitled to the rights and benefits under USERRA may file a complaint with the Department of Labor, or file an appeal directly with the Merit Systems Protection Board (“MSPB”) alleging that a federal agency or the Office of Personnel Management has failed to comply with that law.

Does your employer have to hold your job if you join the military?

Employers may not deny employment, reemployment, retention in employment, promotion or any other benefit of employment because of past or present membership in the armed forces or intent to join the military. This applies to active and reserve service, whether voluntary or involuntary.

Can employer fire you for joining military?

Prohibition Against Discrimination & Retaliation USERRA prohibits employers from discriminating against current military employees, veterans, or those applying for membership in the uniformed services. This applies to all aspects of employment, including, hiring, promotions, benefits, work duties, firing, and more.

What is a USERRA complaint?

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law, passed in 1994, that protects military service members and veterans from employment discrimination on the basis of their service, and allows them to regain their civilian jobs following a period of uniformed service.

What are my rights under USERRA?

USERRA gives an employee the right to elect continued health insurance coverage, for themself and their dependents, during periods of military service. For periods of up to 30 days of training or service, the employer can require the person to pay only the normal employee share, if any, of the cost of such coverage.

Can a employer retaliate against an employee for USERRA?

Employers cannot take military service into account when they fire, discipline, promote, or award benefits to employees. In addition, employees may not be retaliated against for exercising their USERRA rights, for filing a complaint under USERRA, or for assisting others in exercising their USERRA rights.

Do you have to notify employees of their rights under USERRA?

Federal law requires employers to notify employees of their rights under USERRA, and employers may meet this requirement by displaying the text of this notice where they customarily place notices for employees.

How to file a complaint with the Dol about USERRA?

If you believe your USERRA rights may have been violated, you may file a formal complaint with the U.S. Department of Labor, Veterans Employment & Training Service (DOL-VETS): The DOL-VETS USERRA complaint form, VETS-1010, and instructions for completing and submitting it, are available here;

How long does an employee have to be on active duty under USERRA?

USERRA also allows an employee to complete an initial period of active duty that exceeds five years. 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. Am I covered by USERRA?