Re-employment Rights under USERRA Rights


Having a fair chance at returning to your career after military service is a right protected under the Uniformed Services Employment and Re-employment Rights Act of 1994 (USERRA). Rendering service in the military shouldn’t cause you any due hardship, but many service members return to civilian life and find that their employer either willingly or unknowingly violated their USERRA rights.

Qualified USERRA attorneys, like those you’ll find at The Cochran Firm South Florida, can offer an opinion about your potential claim against your employer. If your USERRA, employment issue is not immediately resolved upon your return from military leave an attorney may be your next best step.

Five Eligibility Criteria Toward Re-employment Under USERRA

To qualify for re-employment under USERRA, service members must meet the following requirements:

  • Must have held a civilian job
  • Must have given proper notification to the employer that your leave involves military service
  • Period of service must not have exceeded five years (certain exceptions may extend the five-year period)
  • Must have been honorably discharged from military service
  • Must have reported back to your civilian employer in a timely manner or have submitted a timely application for re-employment

Time Line Service Members Must Follow Under USERRA

Below is the general time line that must be followed for re-employment after serving in the military. If, however, you have been hospitalized or had to recover from an injury that occurred during military service, this time may be extended for up to two years. Time line to follow:

Served for 30 consecutive days – report back to work within the first full regularly scheduled work period on the first full calendar day

Served for 31-180 days – submit a written or verbal application for re-employment with the employer no later than 14 days after your service

Served for 181 days or longer – submit an application for re-employment no later than 90 days after military service

If you live anywhere in Florida, you’ll find an attorney for the office of The Cochran Firm in your area. Our experienced USERRA attorneys are located nearby and are ready to help with an employment discrimination claim under USERRA. Our attorneys can also provide clarification of USERRA provisions and terms for your case. Please call today to schedule your confidential consultation.