What is the Uniformed Services Employment and Reemployment Rights Act?

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that protects the employment rights of individuals who serve or have served in the United States’ uniformed services, such as the military, the Coast Guard, the Army Reserve, and the Air National Guard. USERRA guarantees that those who serve in the military will not face discrimination in the workplace when they return to their job. It also ensures that upon completion of service and return to their job, they will not lose seniority, benefits, or pay. USERRA also allows employees to take leave to attend military-related activities, and requires employers to hold open a position for a returning veteran if they choose to take a leave of absence to serve in the military. The UNC School of Law notes that USERRA is situated within the state of North Carolina as part of the North Carolina Constitution’s Equal Protection Clause. This clause mandates that all individuals have equal protection under the law, regardless of any form of discrimination, including that based on military service. In North Carolina, USERRA is enforced federally by the Department of Labor, as well as in state court by private attorneys. Generally, USERRA sets forth the rights of individuals to serve in the military and return to their original job without facing discrimination. It also protects against unfair termination due to military service, and ensures that individuals have the right to take leave to serve in the military without facing reprisal. The comprehensive law serves to protect US servicemen and women from discrimination and to honor their commitment to the country.

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What is the Uniformed Services Employment and Reemployment Rights Act?

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