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Military Reemployment Rights

Military Reemployment Rights lawsuits have been filed against various employers for failing to reemploy their employees who have been away from work on active or inactive duty. Likewise, USERRA reemployment lawsuits have been filed when employers have demoted or otherwise discriminated against employees in the uniformed services. USERRA laws protect uniformed service members from discrimination or retaliation related to their active or inactive duty.


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Military Reemployment Lawsuit

Employees who leave their jobs for military training are protected under the Uniformed Services Employment and Reemployment Rights Act (USERRA). When they return from military service, their jobs must be available to them at least at the same rate of pay and benefits as if they had not left their employment. In other words, it is illegal to either fire or demote an employee who has left for military duty. Firing an employee while away on military duty constitutes wrongful discharge under state common law.


According to USERRA: "any person whose absence from a position of employment is necessitated by reason of service in the uniformed services shall be entitled to the reemployment rights and benefits and other employment benefits." Furthermore, the act states that, "a person who is a member of a uniformed service shall not be denied reemployment, retention in employment, promotion, or any benefit or employment by an employer on the basis of that membership or obligation." Finally, under USERRA the employer, "may not discriminate against or take adverse employment action against any person," because of such involvement.

USERRA protects the rights of people who serve or have served in the Armed Forces, Reserves, National Guard or other uniformed services. There are certain conditions to USERRA protection, including that the employee returns to work in a timely manner after concluding service and that the employee has given advance written or verbal notice of service where possible and not unreasonable to do so.

USERRA Lawsuits

USERRA Lawsuits have been filed against employers who fail to hire their employees back after active service, who reemploy employees at a lesser position or who delay rehiring their employees following service.

Military Training Reemployment Legal Help

If you have been demoted or fired after military training, please click the link below to send your complaint to a Military Reemployment lawyer to evaluate your claim at no cost or obligation.
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Military Reemployment Lawsuits Filed
Military Reemployment Lawsuits Filed
January 31, 2012
Military reemployment lawsuits have been filed on behalf of employees who left their employment for active service but were either demoted or fired while they were away. These military reserve lawsuits allege the employers have violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) in their treatment of members of the uniformed services. READ MORE

Military Personnel File Lawsuits for Training Time
August 24, 2007
Reservists may not realize that the Uniformed Services Employment and Re-employment Rights Act (USERRA) protects not only people who have been called to active duty, but also those who take a leave for military training,only to come back to their civilian job and find they have been demoted or fired. READ MORE

Military Training Reemployment
August 23, 2007
Houston, TX: The Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994 protects employees from losing their job, being demoted or being otherwise "adversely affected" because of National Guard or reserve duty. However, the issue of reservists leaving work has become an increasingly major problem since reserve troops were activated for the war in Iraq. READ MORE


Posted by

I was away at AT when I returned to work I was notified via email that I was not longer the leader for my department a worker with less seniority and experience was given the position with the email explains that our GM had been observing our department for that month and decided that this individual needed to be the one in charge. I lost no pay or benefits but lost my title and job duties. I had been gone for three weeks as my unit is deploying this year and prior to leaving had recived an exceeding the standards review. I don't see how they could have evaluated me while I was gone.

Posted by

I was demoted from my supervisor position at Wal-mart after they were notified of my active duty training. I then called the HR Marketing Manager on June 7, 2014. He then returned my phone call on June 8, 2014 and in the conversation he assured me that I would have my position upon returning. I returned to work on July 2 to find out that my position had been given to someone else, and that I could take a lower position and lower pay and stay with the company.

Posted by

I am in the Nevada National Guard. I just returned from Basic Training and am having trouble with both my employers. One took me back but notified me of a 75 cent paycut. The only explanation of why was that "corporate is paying closer attention to the numbers." My second employer hasn't returned any of my calls since my return a week ago.


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