Is an employee protected from unlawful discrimination by an employer due to military affiliation?
Yes. The USERRA provides protections for initial hiring and adverse employment actions by an employer if the actions are motivated, even in part, by the employee’s military service. This protection also extends to witnesses who assist or testify in a USERRA investigation. 2. What are the basic eligibility requirements for job protection under USERRA? To be protected, a National Guard or Reserve member must have a civilian job, must provide timely notification to the employer of military duty, and must report back to work for reemployment in a timely manner. Reemployment rights are provided even if the civilian job is described as “temporary,” unless the employment was for a brief period with no reasonable expectation of continuance for a significant period of time. 3. Is there a limit to the amount of active duty an employee can perform and still have reemployment rights? Yes, there is a 5-year cumulative total of military service an employer is required to support. Not included in tha
