Florida Injury and Employment Attorneys

USERRA Protections

December 22, 2015

If you have made the ultimate sacrifice for your country by serving in our armed forces, you realize how difficult the transition back to civilian life can be. Many vets face challenges in employment yet are unaware there are legal protections available under the Uniformed Services Employment and Reemployment Rights Act of 1994. Military rights attorneys Florin Gray Bouzas Owens, LLC can help determine if you have been discriminated against.

Basic Eligibility

USERRA prohibits discrimination in employment for individuals who:

  • Left a civilian job to join the military
  • Notified the employer that he or she was leaving to join the military
  • Served in the military no longer than a five year cumulative period
  • Were discharged from service with other than a dishonorable discharge
  • Applied for reemployment or reported back to work in a timely manner

As an Tampa military rights lawyer will emphasize, USERRA applies to voluntary as well as involuntary service but does not apply to state call ups of the National Guard.

Protections

The primary protection is the right to have your former job back and, importantly, at a status that you would have been in but for your military service. Attendant with the seniority you would have held, pay, benefits and other rights must be provided. Health insurance must be provided immediately without a waiting period both for the returning service member and his or her previously covered dependents.

Other Considerations

Common concerns regarding your ability to perform the job functions are also covered under USERRA. For example, your Tampa military rights lawyer can explain that your employer must provide reasonable efforts to upgrade your skills or re-educate you so that you can do the job, and if you are disabled, your employer must reemploy you in a position most similar to your previous job.

Contact an Tampa Military Rights Lawyer for Legal Advice

If you believe you have suffered a negative employment consequence due to your military service, you need to act quickly to protect your rights. Begin with a call to Florin Gray Bouzas Owens, LLC, an Tampa military rights lawyer team, at (727) 254-5255.

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