New Jersey USERRA Attorneys

Assisting Clients With USERRA Cases in New Jersey

USERRA prohibits employers from discriminating against employees or job applicants based on their military service. Taking swift legal action is critical if you believe your employer has violated your rights under USERRA. At The Law Firm of Morgan Rooks, P.C., our USERRA attorneys in New Jersey can guide you through the legal process and help you obtain the protections and compensation you deserve.

Call The Law Firm of Morgan Rooks, P.C. today at (856) 746-6332 or contact us online to schedule a consultation with our New Jersey USERRA attorneys.

What is USERRA?

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) protects current or former members of the U.S. military and uniformed services against discrimination. It is unlawful for employers nationwide to discriminate against such individuals, regardless of their duty status.

Uniformed services include the following federal government entities:

• U.S. Army
• U.S. Navy
• U.S. Marine Corps
• U.S. Air Force
• U.S. Coast Guard
• U.S. Public Health Service

If you are or were a member of any of the above uniformed services and believe your employer has discriminated against you on that basis, reach out to The Law Firm of Morgan Rooks. Our USERRA lawyers in New Jersey help employees like you when they are denied employment, promotions, or any other benefits provided to other employees.

What Is the Purpose of USERRA?

The Uniformed Services Employment and Reemployment Rights Act is intended to ensure that members of the uniformed services aren’t at a competitive disadvantage for civilian employment because of their military service.

Service members are protected by USERRA when they:

• Are engaged in civilian employment
• Provide their employers with timely notice of their duty obligations
• Report back to their employer in a timely manner after completing service

If someone is called to serve while employed in a civilian job, USERRA requires their employer to re-employ them upon their return from duty. The position the service member had before leaving must be provided with pay and benefits equal to that if they had not left for service.

In other words, uniformed service members are entitled to the seniority, rights, and benefits they would have obtained had their civilian employment continued without interruption.

Do Service Members Have to Inform Their Employers of Upcoming Duty?

Just as employers have obligations to their uniformed service member employees, these workers have obligations to notify their employers of upcoming duty and to report back to work upon its competition.

All employers in the U.S. are required to comply with USERRA. If you are a service member covered by USERRA, your employer is obligated to notify you of your rights under this law. This notice may be posted where other employee notices must be located at your worksite, mailed, or sent in an e-mail.

Did You Experience Discrimination Based on Your Service?

It is unlawful to discriminate against individuals on the basis of:

• Service in the past
• Current service
• Service that may be required in the future

If you are a current or former member of the military or U.S. Public Health Service and have experienced discrimination at work because of your service, reach out to The Law Firm of Morgan Rooks. Our attorneys are experienced and skilled legal advocates for people like you. We can help you seek legal remedies such as reinstatement, back pay, benefits, and more.

What Proof Do I Need in a USERRA Claim?

Below are some key elements of proof you may need to present:

• Evidence of Military Service: First and foremost, you must show that you are a member of, or have an obligation to perform service in, a uniformed service, including the Reserves, National Guard, or any other military branch. Your proof can include documents such as deployment orders, active duty assignments, or training schedules.
• Notification of Military Service to Employer: USERRA requires that you notify your employer of your military service before taking leave. This notification doesn’t need to be in writing, but having written documentation—such as an email, letter, or formal notice—is often helpful. The more evidence you have that demonstrates your employer was aware of your military obligations, the stronger your case will be.
• Timely Reemployment Request: You must demonstrate that you returned to your civilian job in a timely manner after completing military service. USERRA outlines specific time frames for when service members need to report back to work, depending on how long they were away.
• Evidence of Job Performance Before Military Service: You should also present evidence showing that you were adequately performing your job duties before leaving for military service. If your employer claims that they fired you or refused to reemploy you due to poor job performance, having proof of good performance—such as performance reviews, commendations, or positive feedback—can help counter this argument.
• Employer’s Reason for Denial of Reemployment or Adverse Actions: If your employer fails to reemploy you or takes any adverse employment actions upon your return from service, they must prove that their actions were unrelated to your military service. To strengthen your claim, you can provide evidence that military service was, in fact, a motivating factor in their decision.
• Pay Discrepancies or Denied Benefits: USERRA entitles you to be reemployed in the position you would have attained had you not left for military service, with the same pay, benefits, and seniority. Any discrepancies in pay or benefits upon your return to work can be used as proof of a violation. Documentation of past pay, benefits, or bonuses prior to your service can help support your case.
• Discriminatory Treatment: If you experienced discriminatory treatment in hiring, promotions, or employment conditions based on your military status, this can form the basis of a USERRA claim. Any emails, written communications, or witness testimony that indicate discriminatory attitudes toward your military obligations can bolster your case.
• Witness Testimony: Coworkers or supervisors who can testify about your employer’s actions or comments regarding your military service may provide valuable evidence. Testimony from people within the company can reveal discriminatory attitudes or prove that your employer’s reasoning for taking adverse actions was based on your military status.

Contact Us Today

If you believe your employer has violated your rights under USERRA, you don’t have to navigate the complexities of the legal process alone. Our USERRA lawyers in New Jersey are dedicated to protecting your employment rights and ensuring that your military service does not negatively impact your civilian career. We will help you gather the necessary evidence, file your claim, and pursue the compensation and reinstatement you deserve. Contact us today to schedule a consultation and take the first step in safeguarding your rights.

Reach out to us online today and ask how you can arrange a free initial consultation with our USERRA lawyers in New Jersey. We work on a contingency fee basis, which means you pay nothing unless we win your case.