Committed New York Employment Attorneys Protect the Rights of Reserve Service Members

The guidance you need to focus on your mission

New York residents serving with the National Guard or a reserve detachment of any of the armed forces are offered a wide range of legal protection in relation to their regular employment. Under the Uniformed Services Employment and Reemployment Rights Act, or USERRA, your civilian employment is protected during deployment or training. Unfortunately, understanding your rights under the USERRA can be difficult and distracting. At Hepworth, Gershbaum & Roth, PLLC, we fully support service members throughout the state of New York. Our New York employment law attorneys work diligently to help you understand your legal rights and address any issues relating to your regular employment.

What is the USERRA?

The USERRA is a federal law that prohibits discrimination against service members who must take leave to execute their duties. The law prevents employers from terminating or demoting a service member due to absences relating to their service.

In addition to prohibiting discriminatory treatment, the USERRA offers a wide range of benefits to service members, including:

• Reemployment: The USERRA requires employers to reinstate service members who have been on leave for no more than five years. This means that reserve service members called to active duty have the right to apply for reinstatement to their position following the completion of the deployment.
   

• Advancement: Under the USERRA, service members are entitled to reemployment, as well as any advancement, including wage increases, promotions or added benefits he or she may have earned during their leave.
   

• Health coverage: During a service-related absence, you may choose to continue your health care coverage under your employer’s group health plan.

It is important to note that you must apply for reinstatement to your position in a timely manner following the end of your leave. In most cases, service members must apply for reinstatement within 90 days of discharge from the service, 60 days of the completion of active duty deployment or 10 days of the completion of service school or training.

Who does the USERRA protect?

The protections and rights extended by the USERRA apply to any employee who serves in any branch of the United States military. This includes members of the:

• Army

• Navy

• Marine Corps

• Air Force

• Coast Guard

• Reserves

• Army National Guard

• Air National Guard

• Commissioned Corps of the Public Health Service

Whether you are a reserve or active member of the armed forces, the USERRA protects your employment status during active deployment, training, service school and other service-related absences.

Am I offered any additional rights under New York law?

The USERRA is a federal law that protects your rights. It is not the only protection you are offered, however. New York employment laws prohibit discrimination against reserve service members. This means that you cannot be terminated or demoted solely based on your status as a service member, even if your military duty requires you to be absent from work for extended periods.

Contact our office to discuss your concerns during a free consultation with one of our New York employment attorneys

At Hepworth, Gershbaum & Roth, PLLC, we know the ins-and-outs of the rights offered by the USERRA and tenaciously protect our service members denied those benefits. Our attorneys are proud to offer the detailed advice you need to eliminate the confusion relating to your employment rights as a service member. Contact us online or call 212-545-1199 to schedule a free consultation to discuss your unique concerns with one of our New York employment law attorneys.