Phoenix, Arizona, Military Employment Rights Attorneys

Federal laws, including the Uniformed Services Employment and Reemployment Rights Act (USERRA) and the Veterans’ Reemployment Rights Statute (VRR), protect the rights of military veterans and reserves who temporarily leave their civilian jobs because of military service. USERRA provides service members with protection against discrimination and retaliation, provides reemployment rights after completion of military service, and governs employee benefits, such as health insurance and pension benefits, while on leave for military service.

At Martin & Bonnett PLLC, our Phoenix veterans employment rights lawyers thoroughly understand these complex laws and are ready to protect your rights. We have the knowledge and skill necessary to win cases in this highly technical area of law.

Understanding USERRA

USERRA allows an employee to be absent from work for military duty and retain the right to reemployment for up to five years. While an employee is performing military service, he or she is considered on a furlough or leave of absence and is entitled to the same rights accorded other individuals on non-military leaves of absences. An employee’s health and pension plan coverage while performing military service is also covered by USERRA.

USERRA requires service members to provide advance written or verbal notice to their employers for all military duty, unless providing notice is impossible, unreasonable, or precluded by military necessity. USERRA also establishes the time period that a service member has to report back to work after military service has concluded.

A returning service member is entitled to the same job that they would have attained had they not been absent for military service (“escalator” principle), with the same seniority, status, pay, benefits and other rights determined by seniority. USERRA also requires that the employer provide training or other reasonable efforts to enable a returning service member to refresh or upgrade their skills to help them qualify for reemployment. If the service member cannot qualify for escalated position, after receiving any necessary training or education, then the service member may have the right to an alternative position.

USERRA also protects disabled veterans and requires employers to make reasonable accommodations for the disability. Members of the military that were injured during service or training and are recovering from those injuries may have up to two years from the completion of service to return to their jobs or apply for reemployment.

Contact an Arizona Veterans Employment Lawyer

If you have questions about your employment rights as a member of the armed forces, we have answers. Please call (602)240-6900 or toll free 1-800-952-4750. You can also contact us online.