Uniformed Services Employment and Reemployment Rights Act (USERRA)

Mehtani Law Offices represents members of our armed services, veterans and other individuals who served in the military in connection with claims under the Uniformed Services Employment and Reemployment Rights Act (USERRA).

USERRA is a Federal law that provides employment related protections to individuals who have served in the military. An employee who leaves his or her job to perform service in the uniformed service and seeks to return to that job generally has a right of reinstatement, provided that the employee:

–ensured that your employer receive advance written or verbal notice of the service;
–had five years or less of cumulative service in the uniformed services while with that particular employer;
–returned to work or applied for reemployment in a timely manner after conclusion of service; and
–has not been separated from service with a disqualifying discharge or under other than honorable conditions.

An employee eligible to be reemployed under the above circumstances must be restored to the job and benefits the employee would have attained if he or she had not been absent due to military service or, in some cases, a comparable job.

USERRA also prohibits discrimination against military service members as well as retaliation against an employee who exercises his or her rights under USERRA. USERRA also provides other rights, and it would be wise to consult an attorney about all of your rights under USERRA if you are a service member.

Contact Mehtani Law Offices at (213) 291-6900 or toll-free at (844) 501-6690 or send us a message if you feel your rights under USERRA have been violated.