The attorneys at McMahon Berger law firm have substantial experience representing employers in claims filed under the Uniformed Services Employment and Reemployment Rights Act (“USERRA”). For example, in Easton v. Continental Tire North America, Inc., 2006 WL 1004887 (S.D.Ill.2006) the firm successfully defended an USERRA claim filed by a job applicant who alleged that the employer denied him employment at its factory due to his membership in the Army National Guard.
What is the USERRA?
The USERRA is a federal law that prohibits discrimination against employees because of their service in Armed Services, the Reserves, or National Guard. Under USERRA, an employer may not take any adverse employment action taken against an employee (failing to hire, firing, denying employment benefits) because of the employee’s membership, application for membership, performance of service, application for service, or obligation of service in the uniformed services. The USERRA also protects the rights of service members to reclaim their civilian employment after absence due to military service.
What entities are covered by the USERRA?
The USERRA applies to all employers in the public and private sector, including federal employers. State call-up for National Guardsmen is not covered by the USERRA but most states have enacted laws similar to the USERRA to protect service members recalled under state authority.
What can an employer do to avoid an USERRA claim?
To effectively avoid a claim under the USERRA, employers must stay up-to-date with their obligations under the USERRA. To assist our clients in this endeavor, McMahon Berger law firm provides e-mail alerts to clients regarding any change to the USERRA and similar state laws.
What if an USERRA claim has been filed against your company?
McMahon Berger law firm has successfully defended employers accused of violating the USERRA. Whether the dispute involves reemployment or allegations of unfair treatment, McMahon Berger law firm has the experience and ability to defend employers from the USERRA claims.