The Uniformed Services Employment and Reemployment Rights Act (“USERRA”) provides generally that an individual should be free from discrimination based upon being a past or present service member. Not only does the USERRA provide the forgoing rights, it also provides protection from retaliation.
In the broadest sense, retaliation is when an employer takes a materially adverse action (i.e. refusing to hire, firing, demotion, suspension without pay, or some other material change in the terms or conditions of employment) because an employee asserts his rights protected by the law.
USERRA protects employees from retaliation because the person (1) has taken an action to enforce a protection afforded under USERRA (2) has testified or otherwise made a statement in or in connection with any proceeding under USERRA, (3) has assisted or otherwise participated in an investigation under USERRA, or (4) has exercised a right provided for in USERRA. The forgoing prohibitions apply regardless of whether that person has served in the uniformed services.
Victims of USERRA retaliation may be able to obtain monetary damages, as well as, their attorney fees and costs. If you have suffered from USERRA retaliation in the workplace, please contact the employment lawyers at LaBar & Adams, P.A. in Orlando at 407-835-8968 or fill 0ut the online form located on our website.