What is the Uniformed Services Employment and Reemployment Rights Act (USERRA)?

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that provides job protection and other rights for individuals who serve or have served in the armed forces. This federal law was passed in 1994 and is applicable in all U.S. states. USERRA is enforceable in all states, including California, and requires employers to provide certain job protections and other rights to an employee who serves in the armed forces, including the National Guard and the Reserves. This federal law prohibits employers from discriminating against an employee, such as refusing to hire or rehire an employee because they are or were in the military. USERRA also provides job protection and other rights while the employee is away on military duty. Employers are required to reinstate an employee to their previous job, or a comparable job, when they return from military duty. Employers may not penalize employees for taking time off for military service, and must provide service members with their accrued vacation and retirement benefits. USERRA is important because it helps to ensure that individuals who have served in the military are not discriminated against when it comes to job opportunities and other rights. This federal law provides individuals with a means of fighting back against employers who violate their rights as a service member.

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