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What are my reemployment rights following military service?

In 1994, President Clinton enacted USERRA Law. Known as the Uniformed Services Employment and Reemployment Rights Act, USERRA offers reemployment rights to those who have completed military service. This law allows military members to go back to their civilian jobs after the military. This law applies to military service that is voluntary or involuntary. In order be eligible for USERRA employment rights, the following criteria must be met:

  • The person must hold a civilian job. However, temporary jobs that are short-term do not qualify for USERRA protection.
  • The person must have given notice, either written or verbal, to the civilian employer before leaving for military service or training.
  • The person must not have exceeded cumulative periods of service limit of five years.
  • The person cannot have been released from service under dishonorable conditions.
  • The person must report back to the job in a timely manner or, if necessary, submit an application for reemployment in a timely manner.

Contact the Employment Law Attorney’s at Ricotta & Marks, P.C.

If you were in the military and feel your rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA) have been violated contact the employment law attorney’s at Ricotta & Marks, P.C. Call 800-240-9269 or send us an e-mail to schedule your free initial appointment

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Ricotta & Marks, P.C.
1 Old Country Road, Suite 347
Carle Place, NY 11514

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