It’s hard to believe, but some employers actually will discriminate or retaliate against their employees or applicants merely because they were or may be required to spend time away from work because of their service to our country through the reserves or other military service. Congress, fortunately has enacted laws which makes such discrimination or retaliation illegal. This law is known as The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”).
“A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation.” 38 U.S.C.S. § 4311