What Employers Still Don’t Know About USERRA

In his 2020 article What Employers Still Don't Get About Benefits for Veterans, Kurt Perhach highlights that while the Uniformed Services Employment and Reemployment Rights Act (USERRA) is one of the most employee-friendly federal laws, many employers remain unaware of its scope, protections, and potential risks.

Key Points Employers Often Miss

1. Broad Applicability

USERRA covers all public and private employers — regardless of size — and applies to service members in the U.S. Armed Forces, Reserves, National Guard, and certain other "Uniformed Services" such as FEMA Urban Search & Rescue, FEMA Reservists, and the Public Health Service Commissioned Corps.

2. Extensive Protections

Service members have the right to:

• Prompt re-employment in the same or equivalent position with full seniority, status, and pay.
• No adverse employment action due to military service.
• Continued health coverage and retirement contributions during service.
• Seniority-based and non-seniority benefits that can include virtually all employee benefits.

3. No Statute of Limitations

Congress eliminated any statute of limitations for USERRA claims in 2008, meaning claims can arise from conduct decades ago. This can make defending cases difficult due to fading memories and lost evidence.

4. Rare but High-Impact

While veterans make up only about 6% of the workforce, USERRA violations can lead to significant damages and reputational harm.

5. Employer Education Gap

Many employers only learn about USERRA when a service member is deployed or on active duty. In reality, obligations can arise from advance notice of training or deployment, and some call-ups are based on military necessity with little advance warning.

6. Recent Expansions

The CREW Act (2022) extended USERRA protections to FEMA reservists deployed to major disaster sites. The Dole Act amendments have also expanded anti-retaliation protections and remedies.

Why It Matters

If employers fail to understand USERRA, they risk:

• Discrimination claims and back pay for lost seniority or wages.
• Litigation exposure with no time limit on filing.
• Loss of trust with a small but important segment of the workforce.

Bottom line: Employers should familiarize themselves with USERRA, train HR and managers, and maintain documentation of all military service absences to avoid costly and high-profile disputes.