USERRA gives you the right to:
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Take leave for military service without being fired or demoted
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Be reinstated to your civilian job upon return from service
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Be free from discrimination or harassment based on your military obligations
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Continue your seniority, benefits, and pension accrual while on leave
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Request reasonable accommodations if you return with a service-related disability
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Employers must not retaliate against you for asserting these rights.
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Denying time off for military training or deployment
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Firing or demoting you after returning from service
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Refusing to reinstate you to your previous or equivalent position
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Harassing or penalizing you for being in the Reserves or National Guard
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Withholding seniority, pay, or benefits upon reemployment
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Retaliating after you file a complaint
If your employer failed to respect your military leave rights, you may be entitled to take legal action.
What Compensation Can You Recover?
Military Leave Violations – Employment Law
Serving Your Country Shouldn’t Cost You Your Job
If you’ve been denied military leave, harassed for your service, or fired after returning from duty, your employer may have violated the law. The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects your right to serve without fear of losing your civilian career.
At DiSilvio Young, we represent active duty, reserve, and National Guard members who have experienced discrimination or retaliation because of their military obligations. We’re here to make sure your service is honored—not punished.
What Is USERRA?
Your Rights Under USERRA
Common Military Leave Violations
The Uniformed Services Employment and Reemployment Rights Act is a federal law that protects military service members from discrimination and job loss due to military service. It applies to:
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Active duty
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Reserve duty
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National Guard service
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Military training or deployment
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Fitness for duty exams
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Funeral honors duty
USERRA applies to employers of all sizes—public and private—and covers both voluntary and involuntary military service.
If your USERRA rights have been violated, you may be entitled to:
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Reinstatement to your former job
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Back pay and lost benefits
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Liquidated (double) damages for willful violations
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Attorneys’ fees and legal costs
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Compensation for emotional distress (in some state law claims)
We’ll fight for the full compensation you’re owed—and make sure your employer is held accountable.
Why DiSilvio Young?
At DiSilvio Young, we’re proud to advocate for those who serve. Our employment law team understands the complexities of military leave protections and is committed to defending your career, benefits, and dignity. We offer straightforward legal advice, responsive service, and aggressive representation.
Don’t Let Your Employer Disrespect Your Service
You served your country. Now let us serve you. If your employer violated your military leave rights, we’re ready to help you take action.