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Servicemembers’ Rights & Benefits (USERRA)

Balancing military service and a civilian job shouldn’t cost you your pay, your benefits, or your dignity. Outten & Golden fights for the rights of servicemembers and veterans nationwide.

If you hold a civilian job while serving in the military or as a veteran, you have rights that protect your career. Under federal law, employers cannot discriminate against you because of your military service.

 

Some employers and industries hire large numbers of servicemembers and veterans. When workplace policies and benefits affect large groups of employees, legal action can protect everyone’s rights.

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects reservists, National Guard members, and active duty servicemembers who temporarily leave work for military obligations. USERRA guarantees your right to return to your job, maintain your benefits, and be treated fairly in the workplace. Many states have similar laws.

One common violation is denying short-term paid military leave while offering paid time off for other absences, such as jury duty or bereavement. Another is cutting off health insurance, retirement contributions, or other employment benefits during military leave—whether you’re away for inactive duty training, annual training, National Guard service, active duty, or other federally recognized service.

Military discrimination and harassment are also illegal under USERRA. That includes hostile comments, unfair treatment, or being singled out because of your service obligations. Whether you’re a current servicemember or a veteran, you deserve respect—not retaliation—for your service.

Outten & Golden represents servicemembers nationwide who’ve been denied paid leave, lost benefits, or treated unfairly because of their military service. We have deep experience in USERRA claims and a track record of securing court victories and settlements that have led to meaningful changes in employer policies.

If you think your employer has violated your rights as a servicemember or veteran, we’re ready to help. Contact us to learn how we can support you.

Framing the Issue

  • Civilian coworkers may not understand your military duties. A RAND study found that military leave limited the promotions or special assignments offered to many employees in the National Guard or Reserve forces.
  • Since 2020, National Guard and Reserve members are called into military service more often and for longer stretches. This elevates the risk of civilian job disruption, difficulty getting reemployed, and military discrimination.
  • Protections don’t end when you leave the military. USERRA also covers veterans, who may face prejudice and discrimination about their competence or difficulty taking time off for appointments. 
  • There are nearly 740,000 members of the National Guard and reserves in the United States. The Army National Guard and Army Reserve are the largest reserve components, with significant presence in every state. 
  • The largest concentrations of National Guard members and reservists are in California and Texas. The Coast Guard Reserve is the smallest of the seven reserve components, with personnel mainly in coastal states. 

Notable Matters

  • Obtained a $10 million payment and expanded paid leave benefits for servicemembers who work at Walmart and take short-term leave for their military service.
  • Secured an agreement to pay $18.5 million and provide industry-leading paid leave benefits for at least five years from Southwest Airlines to employees who take short-term military leave.
  • Obtained a $2 million settlement in a first-of-its kind lawsuit alleging L-3 had exhibited open hostility toward servicemembers and rejected them when they applied for pilot roles.

Has this happened

to you?

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Does your employer pay for short-term nonmilitary leave like sick, bereavement, or jury leave, but not military leave?

If you’re a servicemember or a veteran, we're here to support you.

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