Re-employment Rights (USERRA)
State Law
A veteran is entitled to reemployment rights with his last employer when he is released from the Armed Forces of the United States, providing his absence is no longer than four years. The right of reemployment is available regardless of whether the veteran was, prior to service, employed by the State, county or city government, or by private industry.
Reemployment rights of veterans are now provided by both State and Federal laws. We have posted the State Law, Texas Government Code Chapter 613.001-613.006; and 613.021-613.023, Enforcement, is below below.
Texas Government Code
Review the Texas Government Code Chapter 613.001-613.006; and 613.021-613.023.
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Federal Law
The Uniformed Services Employment and Reemployment Rights Act (USERRA)
The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects service members’ reemployment rights when returning from a period of service in the uniformed services, including those called up from the reserves or National Guard, and prohibits employer discrimination based on military service or obligation. The U.S. Department of Labor’s (DOL) Veterans’ Employment and Training Service (VETS) administers USERRA.
USERRA Information and Complaint Process
If you believe your USERRA rights may have been violated, or you are an employer seeking compliance assistance, you may consider one of the following options:
- Seek assistance from the Employer Support of the Guard and Reserve www.esgr.org; 1-800-336-4590.
ESGR is a U.S. Department of Defense entity established in 1972 to promote cooperation and understanding between Reserve component members and their civilian employers and to assist in the resolution of conflicts arising from an employee’s military commitment. It operates through a network of thousands of volunteers throughout the nation and Guam, Puerto Rico, and the Virgin Islands. ESGR assists in answering USERRA questions from employees and employers and attempts to informally resolve disputes. - File a complaint with the U.S. Department of Labor, Veterans Employment & Training Service (DOL-VETS) http://www.dol.gov/vets/; 1-866-487-2365.
Information about USERRA, including an interactive guided program called the “USERRA elaws Advisor,” is available at: http://www.dol.gov/vets/programs/userra/main.htm.
The contact information for your local DOL-VETS office is available at:
http://www.dol.gov/vets/aboutvets/contacts/main.htm.
The DOL-VETS USERRA complaint form, VETS-1010, and instructions for completing and submitting it, are available at:
http://www.dol.gov/elaws/vets/vetpref/1010.htm.
If you choose to file a USERRA complaint, DOL-VETS will investigate and attempt to resolve it; if its efforts at resolution are unsuccessful, you may have the option of seeking representation from either OSC (if the complaint involves a federal executive agency, with certain limited exceptions) or the U.S. Department of Justice (if the complaint involves a state, local, or private employer).
