Military Discrimination / USERRA No Company is Too Big to Play Fair.

Minneapolis Military Discrimination/USERRA Attorneys

Members of the military have rights that prevent employers from taking adverse action against them for serving their country.

If you believe you have experienced discrimination due to your service in the military, contact our lawyers by calling (877) 344-4628 for help.

What Does Military Discrimination Entail?

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that protects members of the armed services from employment discrimination. The USERRA prohibits employers from taking adverse action—which includes denial of initial employment, re-employment, promotions, or other benefits—against members of the uniformed services because of their military service.

The USERRA is meant to ensure that, upon their return from service, employees will be free from discrimination in their place of employment, and that they will be able to retain their prior employment and benefits. Generally, in order to qualify for re-employment with a prior employer, the cumulative length of the current and previous absences from the position with that employer must not exceed five years (subject to various exceptions, including service during emergencies, national security operations, and war). Once the uniformed services member returns home, they must seek reemployment within a specific period of time, which varies based on the length of the military service. Disabled veterans have up to two years from the completion of their service to return to their former jobs, and employers must make reasonable efforts to assist them with their job duties if necessary.

The USERRA protects members of the uniformed services, which includes the Army, Navy, Air Force, Marine Corps, Army National Guard, Air National Guard, commissioned corps of the Public Health Service, and other persons designated by the President during times of war or national emergency. It covers both voluntary and involuntary service members. The USERRA also covers those persons in uniformed service training programs and the periods of time during which medical or technical exams are being administered. You do not have to be actively deployed for military duty to be covered under the USERRA.

Upon re-employment, the employer can place the employee in a new position, so long as the new position is comparable to the position that the employee would have held if they were continuously employed with the same employer.

The USERRA also protects service members’ rights to receive benefits while deployed. Upon deployment, service members may choose to continue their employer-sponsored health insurance for up to 24 months. However, service members must notify their employers in advance if they are going to leave for duty, unless giving notice is not possible or reasonable under the circumstances.

Our employment lawyers understand the workplace rights our service people have and are here to help when those rights may have been violated.

Examples of potential military status discrimination include:

  • You are not hired, or are denied a promotion, demoted, or fired because of your military service.

  • Your boss treats your co-workers, who have not served in the military, better than they treat you, including providing more promotions, better benefits, or additional job opportunities.

  • You have returned from active military duty and your employer refuses to give your job back, or your employer rehires you for a different job with less pay, benefits, or seniority.

  • You were injured or disabled during your military service and your employer refuses to rehire you or refuses to let you return to your former job duties, even though you can perform them with a little bit of help.

  • Your boss or co-workers make fun of you or treat you badly because you are an active or retired member of the military.

To schedule a free consultation with our military discrimination/USERRA attorneys in Minneapolis, call (877) 344-4628 or send us a message.

  • Nichols Kaster obtained a successful jury verdict for a BNSF railroad employee on a Federal Railroad Safety Act retaliation claim.

  • Nichols Kaster obtained a jury verdict for a task force Special Agent in South Dakota on sexual harassment and retaliation claims.

  • Nichols Kaster confirmed the standard protecting workers from retaliation for verbally reporting to employer violation of wage and hour law in front of the Supreme Court.

  • Nichols Kaster obtained the second-largest settlement ever paid by the City of Saint Paul in an employment suit.

  • Nichols Kaster obtained a jury verdict for a St. Jude medical device sales representative on a retaliation claim and defeated the company’s counterclaim for violation of a non-compete agreement.

Compassion. Strength. Experience. A Voice for Employees and Consumers When They Need it Most

Our team of passionate, talented professionals work every day on advancing and protecting people's rights. No entity is too big to play fair, so please don’t hesitate to reach out to our firm to discuss the details of your situation.