USERRA Violations Attorney in Brewster, NY
At the Law Offices of Andres D. Gil, PLLC, we offer compliance services to employers of Reserve and National Guard Soldiers. Today we are in a period of sustained conflict and war. Since 2001, an unprecedented number of Reserve and Guard Soldiers have been activated and mobilized to defend our Nation. Most employers are patriotic and are trying to support the national defense, however, it would be naive to say that employers are not strained by the frequency and duration their employees are unavailable for work. It is very important for employers to be aware of protections under USERRA as a violation can be costly. Our practice offers USERRA policy compliance packages and information briefs for employers. We are also prepared to represent employers and defend against grievances. We strongly believe that employers are trying to do the right thing, a lot of times they just do not know what the law requires. Contact the Law Offices of Andres D. Gil, PLLC today for a free consultation to discuss what services are best for your business practice.
Uniformed Service Members Employment and Re-employment Rights Act (USERRA)
The Uniformed Service Members Employment and Re-employment Rights Act, also known as USERRA, was signed into law in 1994 with the intention of protecting the employment of military personnel who are called up to serve. USERRA applies to all employers in the United States, regardless of their size, status as public, private, or government employers, foreign companies operating in the United States, and American companies who operate in foreign locations. It is important to be aware that for the most part, employees can only retain their rights to reemployment if they serve up to 5 cumulative years in the uniformed services. There are certain exceptions to this rule, so it is important to consult with an experienced USERRA attorney about your situation. There are several protections under USERRA, including that members and veterans of the Armed Forces, Reserve Units, and the National Guard:
- Are not held at a disadvantage because of their service in their civilian careers
- Upon returning from duty, are promptly reemployed at their civilian jobs
- Do not face discrimination in employment due to their past, present, or future military service.
Guidelines for Returning to Work
USERRA allows members of the uniformed services to return to work after serving actively for a period of time. There are, however, guidelines regarding when the attorney needs to report back to their civilian job or apply for reemployment. These deadlines are as follows:
- If 1-30 days of service were completed, the employee must report back to work on the next scheduled workday after safe travel and 8 hours rest
- If 31-180 days of service were completed, the employee must apply for re-employment within 14 days after returning
- If 181 or more days of service were completed, the employee must apply for re-employment within 90 days of returning
Contact a USERRA Compliance Attorney
Whether you are an active duty service member or an employer, it is important to have an understanding of how USERRA impacts you. At the Law Offices of Andres D. Gil, PLLC, we recognize the challenges that come with trying to serve your country and maintain a civilian job. Attorney Gil is an Army Reservist and has personally handled this balance in his own life. If you need an experienced attorney who understands the laws protecting servicemembers, contact the Law Offices of Andres D. Gil, PLLC today to discuss your situation.