The Uniformed Services Employment and Reemployment Rights Act of 1994
USERRA
Veterans
are a special category of people that have a diverse array of needs. New Jersey employment
law attorneys
provide a great many services to this important portion of the population.
There are basically two different sets of regulations that provide employment
protections to veterans, The Uniformed Services Employment and Reemployment Act
of 1994 or USERRA and the Americans with Disabilities Act. The primary purpose
of these acts is to help protect veterans from discrimination in the workplace.
The Equal Employment Opportunity Commission enforces these acts and each
provides slightly different protections.
The ADA affects employers who have at least 15 employees and guarantees that these employers will not discriminate against persons with disabilities. The Uniformed Services Employment and Reemployment Act outlines a number of protections for employing veterans and protecting them from discrimination on the basis of disabilities. These protections are enforced by the Justice Department and are available to disabled veterans regardless of whether they were injured in or out of the service. If you are a veteran who feels that you have a valid USERRA claim, there are a number of New Jersey employment law attorneys that can help to bring your claim before the judicial system.
Why do we need USERRA?
Veterans give up a lot to fight for their country. They make great sacrifices and often times have trouble holding down steady work when they return from service. Under USERRA it is illegal to discriminate against an individual based on their military service or obligations to the military. This is important because it prevents employers from terminating employees who are in the National Guard or reserve troops.
USERRA requires that employers make a ‘reasonable effort’ at helping veterans find employment. This means that employers must train veteran employees to do the tasks that they would have done had they not been serving in the military and are not allowed to discriminate against them for not being able to complete these tasks without training. These protections are provided to both those who have become disabled and those who are able-bodied.
USERRA also requires that employers allow veterans to return to work in the same positions that they held prior to leaving for service. Further more, the employer must make an attempt to put the employee into a position they might have been promoted to during the time they were in the service. Disabled employees are protected by USERRA, which requires their employers to make efforts to put them into a comparable position both in terms of pay and seniority. This means that employers are required to put the employees into whatever training programs are necessary to get them back up to speed in their jobs. USERRA applies to all employers, regardless of the size or number of employees.
Responsibilities of Veterans
Under USERRA, employees are required to give notice, either written or verbal, of when they will be required to leave for active service. Employers are not required to provide protections to those employees who do not give advance notice of when they will be leaving. The only exception for this is in cases where advanced notice is not possible.
There are a few limits that are placed on the benefits that USERRA gives. Most of the restrictions relate to length of service in the military and number of employers. Any veteran who may have USERRA claims should contact a New Jersey employment attorney in order to get some expert advice on the matter. These laws have been put into place to help an important segment of the population deal with the difficulties of being in the service.
The ADA affects employers who have at least 15 employees and guarantees that these employers will not discriminate against persons with disabilities. The Uniformed Services Employment and Reemployment Act outlines a number of protections for employing veterans and protecting them from discrimination on the basis of disabilities. These protections are enforced by the Justice Department and are available to disabled veterans regardless of whether they were injured in or out of the service. If you are a veteran who feels that you have a valid USERRA claim, there are a number of New Jersey employment law attorneys that can help to bring your claim before the judicial system.
Why do we need USERRA?
Veterans give up a lot to fight for their country. They make great sacrifices and often times have trouble holding down steady work when they return from service. Under USERRA it is illegal to discriminate against an individual based on their military service or obligations to the military. This is important because it prevents employers from terminating employees who are in the National Guard or reserve troops.
USERRA requires that employers make a ‘reasonable effort’ at helping veterans find employment. This means that employers must train veteran employees to do the tasks that they would have done had they not been serving in the military and are not allowed to discriminate against them for not being able to complete these tasks without training. These protections are provided to both those who have become disabled and those who are able-bodied.
USERRA also requires that employers allow veterans to return to work in the same positions that they held prior to leaving for service. Further more, the employer must make an attempt to put the employee into a position they might have been promoted to during the time they were in the service. Disabled employees are protected by USERRA, which requires their employers to make efforts to put them into a comparable position both in terms of pay and seniority. This means that employers are required to put the employees into whatever training programs are necessary to get them back up to speed in their jobs. USERRA applies to all employers, regardless of the size or number of employees.
Responsibilities of Veterans
Under USERRA, employees are required to give notice, either written or verbal, of when they will be required to leave for active service. Employers are not required to provide protections to those employees who do not give advance notice of when they will be leaving. The only exception for this is in cases where advanced notice is not possible.
There are a few limits that are placed on the benefits that USERRA gives. Most of the restrictions relate to length of service in the military and number of employers. Any veteran who may have USERRA claims should contact a New Jersey employment attorney in order to get some expert advice on the matter. These laws have been put into place to help an important segment of the population deal with the difficulties of being in the service.