USERRA

San Francisco USERRA Attorneys

Uniformed Services Employment & Reemployment Rights Act

You have served admirably for your country and you should not have to fight to get your job back after doing so. Fortunately, the federal government passed the Uniformed Services Employment and Reemployment Rights Act (USERRA) to protect your employment rights. Under USERRA, your employer is responsible for making sure your job and your benefits are available to you when you return home from active service.

At the Law Offices of McTernan, Stender & Weingus, we are here to fight for your civilian employment rights. Our firm has over 50 years of experience handling employment law matters. We can help ensure that your rights under USERRA are fully enforced and any appropriate damages are paid. Contact us for dedicated assistance with your USERRA claim.

We Are Here to Serve You

The principal purpose of USERRA is to allow non-career military personnel to serve their country without fear of losing their jobs. It is also designed to ease the transition to civilian life upon return from military service or training. USERRA applies to those who are currently enlisted and to veterans, depending upon the nature of their discharge.

Under the language of USERRA, a returning military service person may have a claim if:

  • An employer refuses to reinstate them to their former position (as long as reemployment of that job is sought within a reasonable amount of time).
  • The service member is not given a pay increase or promotion that he or she would have received had he or she remained at the job instead of serving in the military.
  • The service member is terminated without cause within a year after returning to the job.

USERRA also protects company sponsored health insurance as well as pensions. Your health insurance coverage and accrual of pension credits should therefore extend from the time you begin active service through your return to civilian employment.

If you believe that your reemployment rights have been violated, it is extremely important to speak with a dedicated lawyer to discuss your rights and explore your options. By filing a lawsuit, you can recover your position, lost wages, attorney fees and other costs associated with your lawsuit. Additionally, if the employer's actions were willful, double damages can be awarded by the courts.

Please note, there is no statute of limitations on USERRA claims. However, it is important to bring an action as soon as you have been aggrieved so the employer's conduct can be corrected and the proper damages assessed. You have served your country, now let us serve you. Contact us and let us fight for you employee rights.

Contact our military discrimination and wrongful termination lawyers for a free consultation at 415-777-0313.


CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories - legal ability and general ethical standards.

At the Law Offices of McTernan, Stender & Weingus, we serve individuals and businesses throughout the Greater Bay Area including the counties of Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano and Sonoma, highways 280, 680, 580, 80 101, 880, 980; and including the communities of Berkeley, Fairfield, Martinez, Napa, Oakland, Palo Alto, Piedmont, San Francisco, San Rafael, Vallejo and Walnut Creek California.