Federal and state laws provide protections for those called away to protect us. Companies that employ servicemembers need to be held to account if they fail to honor their employees’ service while they are away and upon their return.
At Shlansky Law Group, we combine our unwavering admiration and respect for service members with forceful advocacy on their behalf to ensure that employers meet their obligations under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA) and corresponding state laws. When companies deny or interfere with the rights of military members, we provide soldiers, sailors, guardsmen, and airmen with the representation they need to get back to their lives and careers.
Servicemembers’ Rights Under USERRA
Almost every employer in the United States, no matter the size or nature of their workforce, must comply with USERRA requirements. The law is designed to ensure that those called to active military service can return to their positions upon return from a deployment. Among other things, USERRA:
- Prohibits discrimination based on military service or any disabilities acquired from that service;
- Requires companies to reemploy or restore an employee to his or her job or a similar position upon returning from military service;
- Mandates that employers maintain the employee’s benefits and health insurance; and
- Requires employers to award such employees the seniority that they would have earned had they not been called away.
Remedies Available for USERRA Violations
If a company fails to accommodate an employee’s military service or gives the employee an inferior job upon their return, he or she may pursue an administrative remedy with the U.S. Department of Labor or file a complaint against the employer directly in federal court.
We help servicemembers enforce all of their rights under the USERRA, including obtaining the following types of relief when available:
- Requiring the employer to comply with USERRA, which may include reinstatement of employment
- Obtaining compensation for the employee, including lost wages or benefits suffered due to the employer’s failure to comply with USERRA
- Requiring the company to pay double the amount of lost wages and benefits for willful violations of USERRA
- Recovering the attorney’s fees and costs incurred by the employee in enforcing their rights under USERRA
Shlansky Law Group: Respecting and Protecting Servicemembers and Their Families
If you serve our country in uniform, you have our gratitude. You also have our commitment to protecting your rights if your employer mistreats you in violation of the law. Please call Shlansky Law Group at (617) 497-7200 or reach out to us at info@slglawfirm to arrange for a consultation. We look forward to assisting you.