Learn About Military Leave Rights under USERRA

You have many military leave rights under USERRA [The Uniformed Services Employment and Reemployment Rights Act].  This act protects the legal interests of employees that leave their current employment to pursue voluntary or involuntary military service.  Military leave rights under USERRA also prohibits an employer from discriminating against an individual based on their past or current military service.

Military Leave Rights Under USERRA Overview

The military leave rights under USERRA that are provided to you include:

1. Reemployment - you have the right to become reemployed once your military service is complete, subject to certain limitations.

2. No discrimination or retaliation - you cannot be denied reemployment, initial employment, a promotion, benefits or retention based on your past military service.

3. Health insurance - you have the right to continue with your health insurance plan for up to 24 months.

The departments that are in charge of enforcing and overseeing military leave rights under USERRA are: The Veterans Employment and Training Service, as well as the U.S. Department of Labor.

Using an Attorney to Enforce Military Leave Rights Under USERRA

If you are unsure about the current military leave rights under USERRA, then you should contact an attorney.  A qualified lawyer that is familiar with this area of law will be the only way that can get the information that you are seeking.  These highly-trained individuals have the knowledge and the experience to guide you and advise you.

They will help you file a formal complaint with the appropriate agencies so that your case can get underway.  When you hire an experienced attorney to handle your issues regarding military leave rights under USERRA, you are going to get more than just advice.  Should a legal action need to commence, the qualified attorney and their staff will handle the following:

    •    Phone calls, letters, emails, faxes

    •    Appear in court to argue motions that pertain to your case

    •    Conduct a private investigation, as well as research to gather the necessary evidence

    •    Meet with opposing counsel

    •    Create a legal strategy that will provide you with the results you are looking for

    •    Negotiate and litigate on your behalf

All too often, there are individuals that have questions about military leave rights under USERRA but make the decision to work with an inexperienced attorney.  The results that are presented with are far from what they had intended because a lawyer was not prepared to try the case.  You can avoid this from happening to you by contacting and hiring an experienced attorney that is familiar with military leave rights under USERRA.

A qualified attorney that routinely handles military leave rights under USERRA cases has to remain informed about any possible changes in this area of the law.  This is why it is critical to work only with an attorney that is comfortable practicing this type of law.  Having the right help can make the difference between winning and losing.  Contact Shegerian & Associates today to discuss your military leave rights under USERRA today!