USERRA (The Uniformed Services Employment and Reemployment Rights Act)

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USERRA is a federal law found at 38 U.S.C. Section 4301 - 4335 guaranteeing certain employment rights to active and reserve military members. In short, USERRA prevents any employer from discriminating against a employee based on that employee's military service.  Specifically, USERRA prohibits a public or private employer from denying "initial employment, reemployment, retention in employment, promotion, or any benefit of employment based on current, past, or present obligations flowing from military service."  (38 U.S.C. Sect. 4311(a)). USERRA's statutory scheme allows servicemembers to seek relief either through the office of the Secretary of Labor (38 U.S.C. Sect. 4322) or through initiating a lawsuit in federal court. (38 U.S.C. Sect. 4323).