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The types of benefits covered under USERRA are broadly defined. They include benefits such as 401(k) plans, stock plans, bonuses, severance pay and vacations. Upon re-employment, an employee is entitled to all seniority-based benefits and rights
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USERRA does not pre-empt state laws providing greater or additional rights, but it does pre-empt state laws providing lesser rights or imposing additional eligibility criteria. For example, Illinois law provides employees with 90 days to return to
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Employees who are reinstated after military service cannot have their employment terminated because of their military service. Employees who served for 30 days or less are not entitled to any additional job protection. Employees who served for more
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According to USERRA, in most situations, employers are obligated to re-employ workers who are returning from military leave. To be eligible for re-employment, employees must have provided notice to the employer of their need to take military leave,
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top In any action or proceeding the court may award relief as follows: (a) The court may require the employer to comply with the provisions of the Act; (b) The court may require the employer to compensate the individual for any loss of wages or
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top No fees or court costs may be charged or taxed against an individual if he or she is claiming rights under the Act. If the individual obtains private counsel for any action or proceeding to enforce a provision of the Act, and prevails, the
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top In an action under USERRA only an employer or a potential employer, as the case may be, is a necessary party respondent. In some circumstances, such as where terms in a collective bargaining agreement need to be interpreted, the court may allow
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top An action may be brought only by the United States or by the person, or representative of a person, claiming rights or benefits under the Act. An employer, prospective employer or other similar entity may not bring an action under the Act.
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top A National Guard civilian technician is considered a State employee for USERRA purposes, although he or she is considered a Federal employee for most other purposes.
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top No. If VETS determines as a result of an investigation that the complaint is meritorious, VETS attempts to resolve the complaint by making reasonable efforts to ensure that any persons or entities named in the complaint comply with the Act. If
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