What Are Your Job Rights as a Person Who Serves in the Military?
People who serve in the Armed Forces, Reserves or National Guard are protected from discrimination and retaliation by a federal law called the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). This generally means that public and private employers must
- give you time off to serve
- re-employ you with accrued seniority when your term of service is over
- provide other employment benefits and protections, including protection from termination except for cause for specified periods of time
It is illegal for an employer to
- not honor your rights
- treat you negatively because of past, present or future military service or
- retaliate against you for taking action to enforce the USERRA.
Veteran’s Preference Rights
Veterans who work or seek to work for state employers also have a right to a veteran’s preference in hiring and promotion as well as specific protections from termination. These protections may also include spouses of deceased or certain disabled veterans.