If you’ve served in the military and faced problems at work because of your service—like being denied a job, promotion, or your old position back after deployment—you may have legal rights under the Uniformed Services Employment and Reemployment Rights Act, or USERRA. If you file a claim and win your case, what happens? What can you potentially be awarded? A simple guide to the remedies available to you under USERRA follows.
1. Reinstatement to Your Job
If you were denied your old job after returning from military service, one of the main remedies is getting your job back. USERRA requires your employer to restore you to the position you would have held if you hadn’t been away for military duty. That could include:
- Your original job;
- A promotion you would likely have received; and/or
- Equivalent seniority, status, and pay.
This is sometimes called the “escalator position” meaning your career should have kept moving up even while you were gone.
2. Back Pay and Lost Benefits
If your employer’s violation of USERRA caused you to lose wages or benefits, you can be awarded back pay. This includes:
- Lost wages since the violation;
- Lost retirement contributions; and/or
- Missed bonuses, vacation time, or other benefits you would have earned
These payments aim to put you in the same financial position you would be in if your employer had followed USERRA
3. Double Damages If the Violation Was Willful
If your employer knowingly or recklessly violated USERRA, you could receive liquidated damages basically, double the amount of back pay.
For example, if you lost $30,000 in pay and benefits, and the court finds the violation was willful, you may be awarded $60,000.
This is meant to hold employers accountable when they intentionally break the law.
4. Attorney’s Fees and Court Costs
Good news: if you win your case, the court can require the employer to pay for your attorney’s fees and legal expenses. That includes:
- Reasonable attorney’s fees;
- Filing costs; and/or
- Expert witness fees (if applicable).
This helps ensure that you’re not out of pocket for standing up for your USERRA rights.
5. Injunctions and Court Orders
In some cases, a court may issue an order requiring your employer to:
- Reinstate you immediately;
- Stop retaliating against you; and/or
- Correct their policies or practices.
These court orders are powerful tools to fix ongoing and systemic problems.
6. Protection from Retaliation
USERRA also protects you from being punished for asserting your rights. If you were demoted, fired, or otherwise mistreated because you complained about a USERRA violation, you can get remedies for that too including, but not limited to reinstatement, back pay, and damages.
Conclusion
If you think your employer has violated USERRA, speak to an attorney familiar with military employment rights. You may be entitled to reinstatement, compensation, and more.
