USERRA Lawyer for Servicemembers and Veterans
Federal law gives servicemembers who leave their civilian jobs for military duty the right to return to those jobs when they come back. That right is real, but employers do not always honor it. When a reservist or Guard member returns from deployment and finds their position eliminated, their pay reduced, their benefits discontinued, or their employer suddenly inventing performance problems that never existed before, the law has something to say about all of that. A USERRA lawyer helps servicemembers and veterans enforce those rights before they disappear entirely.
The Uniformed Services Employment and Reemployment Rights Act reaches further than most servicemembers realize. It covers not only reemployment after deployment but also protection from discrimination and retaliation based on military service, continuation of health insurance during leave, pension and retirement plan protections, and the right to receive the seniority and benefits you would have accumulated had you never left. Employers who fail to comply do not always do so openly. The violations often look like budget cuts, restructurings, or performance issues, and sorting out what actually happened requires understanding how USERRA works in practice and how to build a record that demonstrates what the employer actually did.
Guard members and reservists face a particular vulnerability here. Unlike active duty servicemembers, they return to civilian employers repeatedly, sometimes for short activations and sometimes for extended deployments. Each return creates another compliance obligation for the employer, and each time a servicemember comes back, there is another opportunity for the employer to make things difficult. That pattern matters enormously when evaluating a USERRA claim.
What USERRA Actually Covers: Rights That Employers Routinely Overlook
- Reemployment rights after deployment: An employer must restore a returning servicemember to the position they would have held if they had stayed employed continuously, with the same seniority, pay, and benefits, not simply the position they held before they left.
- Discrimination based on military service: Employers cannot make hiring, promotion, firing, or scheduling decisions based on a person’s membership in the uniformed services, past service, or the possibility that they may be deployed in the future.
- Retaliation for asserting USERRA rights: Taking adverse employment action against someone who filed a complaint, asserted their reemployment rights, or simply told their employer they were about to be activated violates the statute separately from any underlying discrimination.
- Health insurance continuation during military leave: Servicemembers on leave for more than 30 days must be offered the option to continue employer-sponsored health coverage, at their own cost, for up to 24 months of leave.
- Pension and retirement benefits: Defined benefit and defined contribution retirement plans must treat military service as continuous service for vesting and accrual purposes, and employers may have contribution obligations when the servicemember returns.
- Escalator principle violations: If a servicemember would have received raises, promotions, or additional seniority during their absence, the employer must treat the returning employee as if those steps actually happened, not simply restore them to the exact position they held before departure.
- Small employer and National Guard complications: Some employers mistakenly believe USERRA does not apply to them because of their size or because the activation was state-ordered rather than federal, but the statute’s coverage is broad and the exclusions are narrow.
Why Citizen Soldier Law Is the Right Firm for a USERRA Claim
USERRA claims require a lawyer who understands both the statute and the military context behind it. That is not a combination most employment attorneys bring to the table. Citizen Soldier Law was founded in 2013 by veterans who were themselves Guard members, and the firm’s attorneys and staff bring over one hundred years of combined military service, including veterans of Operation Iraqi Freedom. Attorney Thomas Roughneen has served as a JAG attorney in both active duty and reserve settings, which means he has operated inside the military system that USERRA is specifically designed to protect.
That background matters because USERRA claims do not happen in a vacuum. A Guard member who returns from a twelve-month deployment and finds their employer has quietly restructured their role needs a legal team that can recognize the pattern for what it is. The firm also has a board-certified physician specializing in physical medicine and rehabilitation on staff, Dr. Alice Tzeng, M.D., which becomes directly relevant when a USERRA case intersects with a service-connected medical condition or when a returning servicemember’s fitness for duty becomes part of the employer’s justification for not restoring them. The firm handles USERRA matters nationally and has experience before administrative bodies and in federal court proceedings. Clients from across the country have called on Citizen Soldier Law for advice, assistance, and referrals to lawyers they can trust.
When to Move and What to Do If Your Employer Is Not Complying
USERRA complaints filed through the Department of Labor’s Veterans’ Employment and Training Service (VETS) do not have a filing deadline in the traditional statute of limitations sense, but delay creates real problems. Witnesses move on, records get destroyed on normal business retention schedules, and the connection between your military service and your employer’s adverse action becomes harder to establish the more time passes. Moving quickly is not about panic. It is about preserving evidence before it disappears.
Start by documenting everything in writing. If your employer communicated about your return to work orally, follow up with an email summarizing the conversation. Gather any written communications about your military leave, your return date, your position upon return, and any changes the employer made to your compensation, title, duties, or reporting structure. Personnel file requests are available in most states and can be a useful tool early in the process.
USERRA claims can be filed through VETS, referred to the Department of Justice for federal government employers, or pursued directly in federal district court. A servicemember is not required to exhaust the VETS process before filing in court, and in some situations going directly to court makes strategic sense. Federal courts that handle USERRA cases can order reinstatement, lost wages, and in cases of willful violations, liquidated damages equal to double the lost compensation. There is no cap on damages for willful violations.
One common mistake is assuming the employer’s stated reason is the real reason. Employers rarely admit that military service was a factor in an adverse decision. What they say internally and what actually drove the decision are often very different things, and uncovering that gap requires discovery, document review, and sometimes depositions of the decision-makers. Another mistake is treating a USERRA claim as something that can be handled informally with HR. HR works for the employer, not for you. What you say in those conversations can be used against you later.
How USERRA Intersects with Military Disability and Benefit Issues
For Guard and Reserve members in particular, the return from deployment is often complicated by more than an employer’s reluctance. A servicemember who comes back with a service-connected injury or condition may find themselves caught between their USERRA reemployment rights, their IDES or MEB proceedings, and a civilian employer who is using their physical condition as justification for not restoring them to their former position or an equivalent one.
USERRA does not require an employer to reemploy a servicemember if doing so would impose an undue hardship or if the servicemember is not qualified for the position due to a service-connected disability and cannot be accommodated. But that “qualified” determination must account for reasonable accommodation, and employers frequently conflate the two concepts in ways that are legally incorrect. The firm’s experience handling Medical Evaluation Boards and Physical Evaluation Boards, combined with Dr. Tzeng’s background in physical medicine and rehabilitation, gives Citizen Soldier Law the depth to evaluate these situations in a way that most USERRA attorneys simply cannot replicate.
Guard and Reserve members navigating the IDES process simultaneously with a USERRA dispute are dealing with multiple overlapping federal systems, each with its own timelines and procedural requirements. Getting both right requires someone who actually understands how those systems work, not just one of them in isolation. Citizen Soldier Law has worked with clients across the full spectrum of these combined challenges and can help identify where the legal pressure points are and what the priorities should be in a given situation.
Questions Servicemembers Ask About USERRA Rights
What is the difference between USERRA and state military leave laws?
USERRA is a federal statute that applies nationwide to virtually all employers, public and private. Many states also have military leave laws that may provide additional rights, such as longer leave periods, paid leave requirements, or broader definitions of covered service. State laws can supplement USERRA but cannot reduce the protections USERRA provides. Depending on where you are employed and where your employer is headquartered, both federal and state law may apply to your situation.
Does USERRA apply to part-time employees?
Yes. USERRA does not limit its protections to full-time employees. A part-time employee who is called to military service retains reemployment rights and protection from discrimination, though the specific position and benefits to which they are entitled upon return will reflect their pre-service status as a part-time employee.
How long does an employer have to reemploy me after I return from service?
The answer depends on the length of your military service. For service lasting fewer than 31 days, the employer must reemploy you on the first regularly scheduled workday following your return. For longer periods, the employer generally has up to 14 days to reemploy you. The clock runs from the date you provide your employer with notice of your intent to return, not from the date you actually show up at work.
Can my employer fire me after reemploying me?
USERRA prohibits employers from discharging a returning servicemember without cause for a period of time following reemployment. For service of more than 30 days but less than 181 days, that protection period is 180 days from reemployment. For service of more than 180 days, the protection period is one year. During that period, the burden shifts to the employer to show that any termination was based on cause that was not connected to the military service.
What happens if my position was genuinely eliminated while I was deployed?
If the employer can demonstrate that the position would have been eliminated regardless of the military leave, the duty to reemploy to that specific role may be reduced or eliminated. However, the employer still must make a genuine effort to place the returning servicemember in an equivalent position with similar seniority, status, pay, and benefits. “The position no longer exists” is a frequently used defense that often does not hold up under scrutiny, particularly when the employer filled similar roles or restructured in ways that coincidentally affected only the returning servicemember.
My employer reduced my responsibilities and pay when I came back but did not fire me. Is that a USERRA violation?
It can be. USERRA’s reemployment rights require restoration to the position of “like seniority, status, and pay.” A reduction in duties, a demotion in title, or a pay cut that occurs at or around the time of your return and lacks a legitimate non-military explanation can all support a USERRA claim. Constructive changes to working conditions that make the job materially worse are also actionable in some circumstances.
What if my employer argues my military duties made me miss too much work?
Under USERRA, cumulative military leave cannot be the basis for an adverse employment action as long as the total leave does not exceed five years over the course of employment with that employer, with certain exceptions for involuntary extensions and other defined circumstances. An employer who disciplines or terminates an employee because of the frequency or length of military absences is likely violating the statute, regardless of how the employer frames the decision internally.
Can I bring a USERRA claim if I was denied a promotion rather than fired or demoted?
Yes. USERRA’s anti-discrimination provisions cover all terms, conditions, and privileges of employment, which explicitly includes promotions. If your military service was a motivating factor in a denial of promotion, even if other factors were also present, that can support a claim. The burden-shifting framework under USERRA places the initial burden on the servicemember to show that military service was a substantial or motivating factor, after which the burden shifts to the employer to demonstrate the decision would have been made regardless.
What if my employer is a federal government agency?
Federal executive agency employees have USERRA rights, but the process for enforcing them differs. Federal employees can pursue claims through the Merit Systems Protection Board rather than the Department of Labor or federal district court. The substantive rights are the same, but the forum and procedural rules are different, and the timelines matter in different ways depending on the specific circumstances.
How does USERRA interact with the Family and Medical Leave Act if I returned with a service-connected injury?
USERRA and FMLA are separate statutes and can apply simultaneously in some situations. A servicemember returning with a serious health condition that qualifies under FMLA may be entitled to FMLA leave in addition to the reemployment rights under USERRA. The interaction between the two statutes is fact-specific and can involve questions about when each statute’s clock starts running, what employer obligations exist under each, and how a service-connected disability interacts with both frameworks. Getting the sequencing right at the outset can prevent significant complications later.
USERRA Representation Across New Jersey and the Nation
Citizen Soldier Law serves servicemembers and veterans across New Jersey and nationally for military and USERRA-related matters. Within New Jersey, the firm assists clients throughout the northern counties including Bergen, Passaic, Morris, and Essex, as well as communities in Hudson, Union, Somerset, and Middlesex counties. The firm also serves clients in Monmouth, Ocean, Burlington, Camden, Gloucester, Atlantic, and Cape May counties, covering both the Shore communities and the western regions of the state. Cities including Newark, Jersey City, Trenton, Paterson, Elizabeth, Woodbridge, Toms River, Hamilton, Cherry Hill, and Brick are all within the firm’s reach. Across the mid-Atlantic region, clients in New York, Pennsylvania, Delaware, and Maryland have called on the firm for assistance. Because USERRA is a federal statute and military-related legal work does not stop at state lines, Citizen Soldier Law extends its USERRA and military law representation to servicemembers and veterans across the country, connecting those who need local representation with lawyers who have been carefully vetted and trusted.
Speak with a USERRA Attorney Who Has Worn the Uniform
Servicemembers who believe their employer has violated their rights deserve a USERRA attorney who does not need the military context explained. At Citizen Soldier Law, the attorneys have lived that context. With over a decade of advocacy for Guard members, reservists, and veterans, the firm understands how these situations develop, what the employer’s typical defenses look like, and what it takes to cut through those defenses with facts and law. Call the firm today to discuss your situation. Legal needs do not follow business hours, and neither does the team at Citizen Soldier Law.
