Reemployment Protections for Veterans Explained
The U.S. Department of Labor reports that the unemployment rate for veterans in June 2024 was 3.7%, down from 3.8% the month before.
While there are federal laws that protect service members’ rights, like the Uniformed Services Employment and Reemployment Rights Act (USERRA), sometimes, veterans are having difficulty with the transition of going back to civilian life and finding employment.
If you think your rights have been violated, consulting a veterans’ reemployment rights lawyer can help you understand your legal options and fight for the protections you have under the law. Here are ways for you to handle legal matters if you think your rights have been violated.
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Overview of Reemployment Rights for Veterans
Employment rights during military service exist to uphold and help you in reemployment during the transition. If the criteria are met, applicants may be reinstated to the same or a substantially equal job that they had before their service.
No employer shall discriminate against a person because of military service or refuse to reinstate such a person due to that service. The earlier the employer is informed of the military service, the better. Also, certain time limits shall apply to requests for reemployment.
The Uniformed Services Employment and Reemployment Rights Act (USERRA)
USERRA serves as your primary protection for employment rights under veteran status. The law entitles you to return to the civilian job you left to perform military service, with status, pay, and benefits as you had before deployment.
Embracing an ethos of “don’t discriminate against military service,” it also mandates employers to accommodate your transition back into the workplace. USERRA generally covers military service, including active duty, training, and other types.
These protections let you assert your rights and guarantee fair treatment at work when you return.
Eligibility Criteria for Reemployment Protections
Understanding your rights is crucial, but you must also understand the qualifications for reemployment protections.
- You must have served in the armed forces, and this may include active duty or training.
- You are required to provide your employer prior notice of service, which may be oral or written.
- Your cumulative length of service should not exceed five years, except for certain extended tours of duty.
- Within a prescribed time-to-file-for-reemployment period, usually 90 days depending on the length of service, you must be returned from duty.
It cannot be dishonorable in any case. In other words, if you meet these criteria, you are assured of having the reemployment protections to which you are entitled as part of your job transition into civilian life.
Steps to Take When Seeking Reemployment
To ensure a smooth transition back to your civilian job, you must:
- Notify your employer of your intent to return from military service immediately upon returning.
- Follow up with a written notice setting forth the expected date of return. Make sure that you understand your rights under USERRA, which protects you concerning your job and benefits.
- Gather all documentation supporting the reemployment claim, such as discharge papers. If you acquired any training and certifications during the segment service, highlight those to show your skills.
- Reconnect with former colleagues and update your resume in preparation for re-entry. Being proactive and positive will ease the transition to the civilian workforce.
Resources and Support for Veterans Navigating Employment Issues
How do veterans find support in their employment? One way is to contact the Department of Veterans Affairs, which has many job openings for veterans. Veteran service organizations offer counsel on career issues and assist in job placement. You may also network with hiring companies under the US Chamber of Commerce’s Hiring Our Heroes initiative, which values military experience.
Another piece of advice is to engage in online groups for veterans on LinkedIn, where ideas and experiences are shared, and to use your GI Bill for further education or training—a handy way of polishing off your skills. Remember, in this process, you are not alone, and there are people ready to assist you with employment.