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 protects the rights of individuals who are serving or have served in the United States military. The law was enacted in 1994 and applies to all employers in North Dakota, no matter how big or small. USERRA ensures that individuals who leave an employer to serve in the military have the right to reemployment if they meet certain conditions. Additionally, those who are returning must be provided with the same rights, benefits, and privileges that they would have earned had they not left to serve. This includes access to seniority-based benefits such as pensions, health insurance, and vacation time. Furthermore, USERRA prohibits employers from discriminating against individuals who are serving or have served in the military. This includes refusing to hire, discharging, denying promotions, or denying training due to past or current military service. Finally, USERRA outlines the necessary steps that an individual must take to ensure their rights are protected. These include giving the employer prior notice of military service, returning to work within certain time limits, and presenting certain documents to the employer. In summary, USERRA is an important law in North Dakota that provides individuals who are serving or have served in the military with the right to reemployment and protects them from certain types of discrimination.

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