Employer and employee obligations and rights under the Uniformed Services Employment and Reemployment Rights Act

As more Reserve and National Guard troops are called to leave the civilian workforce and enter military service, employers must understand the legal rights those service members possess and the employers’ legal obligations that are now required under the Uniformed Services Employment and Reemployment Rights Act (USERRA). Current data and litigation trends suggest many employers are not fully aware of their legal obligations under USERRA and the punishing legal liability they may face. USERRA applies to virtually all employers, and the law uniquely provides for both corporate and individual liability for discriminating against employees or applicants because of military service. This article provides an overview of USERRA from the perspective of employers, employees, and potential employees. Practical advice is rendered herein not only for those covered by the Act, but also for employers regarding adherence to this law while avoiding liability under USERRA.