This Veterans Day, we thank those who have served—and recognize that honoring military service includes respecting the workplace rights of those who serve.
For veterans, National Guard members, and reservists, balancing military obligations with a civilian career can bring real concerns. Will taking time away affect your advancement? What happens when you return? Can an employer pass you over because you might be called to serve?
A federal law called the Uniformed Services Employment and Reemployment Rights Act—USERRA—provides important protections.
Your service should not count against you
USERRA prohibits employment discrimination based on past military service, current service obligations, or an intention to serve. Those protections reach hiring, promotions, retention, and employment benefits.
Being told that your military obligations make you an inconvenient hire, or that a promotion needs to go to someone who will “always be available,” can raise concerns worth discussing with an attorney. The facts and the reason for the employer’s decision matter.
If you believe an employer has denied you a job, promotion, or benefit because of your military service, tell TJB what happened. We can help you understand whether we can assist.
Returning to work can mean more than getting your old job back
When USERRA’s requirements are met, returning service members generally have a right to the position they would have attained if their civilian employment had continued, including the corresponding seniority, status, and pay. Depending on the circumstances, employers may also have obligations to provide training or retraining.
Reemployment rights have conditions. These generally include advance notice of service, compliance with return-to-work or application deadlines, and a qualifying character of service. A five-year cumulative service limit generally applies with a particular employer, but important exceptions exist—including for certain training and service obligations.
If you are having trouble returning to work after military service—or believe your employer has not restored the position, pay, or seniority you are entitled to—contact TJB. You do not need to sort through every legal requirement before reaching out.
You can speak up about your rights
USERRA also prohibits retaliation for exercising protected rights or helping enforce the law. That protection can extend to someone who assists with a USERRA complaint, even if that person has never served.
If you are concerned about how your employer has handled your military obligations, keep a timeline of what happened. Preserve relevant communications you already lawfully possess, such as leave notices, responses, and return-to-work instructions.
Tell us what happened
A workplace problem can affect your livelihood and your family. You do not need to know whether your situation meets every legal requirement before asking for help.
TJB represents Iowa employees facing workplace discrimination and other employment concerns. If your military service has become an issue at work, tell us your story. We will listen and help you understand whether we can help.
