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The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits workplace discrimination against an individual based on his/her past, present, or future military service. 

Protected people include those who are on active duty, inactive duty training, initial active duty training, active duty for training, and funeral honors. It also includes a period during which someone leaves his or her employer in order to be examined to determine his or her fitness to perform any of these duties.


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What is Military


According to the U.S. Equal Employment Opportunity Commission (EEOC): 

  • An employer cannot deny employment, refuse to reemploy, fail to promote or fail to offer any benefit or privilege of employment because of an individuals service or intention to serve in the military.  

  • Civilian employers must reemploy a military service member if that individual left the job because of service in the uniformed services, and the individual gave notice to the employer. 

  • You are entitled to be reemployed in the same position you would have held if you had not left the workforce for military service. This means if you have a job as a senior editor at a magazine and must leave because you are called to the Air Force for two years, you are entitled to return to your job as a senior editor with the same pay, rights, and benefits.

  • If you were disabled during your service, you have two years from completion of service to return to your former job.

Discrimination in violation of USERRA can include: 

  • Failing to hire an applicant because of his/her military service

  • Firing an employee because he/she is planning on leaving to serve in the military

  • Denying an employee a promotion because he/she is in the uniformed services

  • Harassing an employee because of his/her military service, for example, by derogatory terms 

  • Discriminating in terms, conditions, or privileges of employment, such as providing lower salary or denying spousal health insurance.

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How do I know if I need a lawyer?

If you have been let go, and you have any suspicion that it was for an illegal reason, you should call RMN for a free consultation now. Employers have expensive lawyers that help them cover up their illegal practices. You need an employment attorney that will fight for your rights. If you recently made a complaint about sexual harassment, have over heard racist jokes in the workplace, or noticed everyone gets fired when they hit a certain age, call us now!

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How can I afford a lawyer?

We know that hiring a lawyer shortly after you have lost your job may seem financially impossible. The good news is that RMN offers contingency billing so you can pursue justice under the least amount of financial hardship. In contingency billing, we pay all the upfront costs in exchange for a portion of the money we secure for you. If there is no recovery, you pay nothing. It is just another way that we are ATTORNEYS WHO ARE ON YOUR TEAM TM

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Are there important deadlines?

Yes, there are extremely important deadlines you must make or your claim could be lost. The EEOC, PHRC, and Courts all have Statutes of Limitations (SOL) that limit the amount of time you have to bring your claim. In some cases, those deadlines can be as soon as 30 days after the illegal act, though in most situations the SOL is between 6 months and 2 years. Only an experienced attorney can tell you what the SOL on your case is. Don't wait to call, or it may be too late. 

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How much is my case worth?

There is no simple equation that we can use predict how much your case may be worth. You should not trust an attorney who claims to have one. Every case is unique, and the value of any case can only be determined by actually litigating it in court. Our lawyers can assess your situation and give you potential ranges after in depth investigation, but no one lawyer can tell you what our case is worth until it has been settled or tried.  



Should I complain to human resources?

Yes, you should make a complaint to your company's HR department if you are sexually harassed by a superior or a co-worker. If your company doesn't have an HR department, you should go to a superior, or an owner. In either case, you should call an attorney right away for advice on your situations.

  • Age Discrimination in Employment Act (ADEA)

  • The Pennsylvania Human Relations Act (PHRA)

  • Pittsburgh Anti-Discrimination Ordinance 

  • Philadelphia Fair Practices Ordinance

  • United States District Court

    • Western District of Pennsylvania

    • Eastern District of Pennsylvania

    • Middle District of Pennsylvania

  • Pennsylvania Court of Common Pleas

    • All counties in Pennsylvania, including Allegheny and Philadelphia

  • Third Circuit Court of Appeals

  • Pennsylvania Superior Court

  • Pennsylvania Commonwealth Court

  • The Equal Employment Opportunity Commission (EEOC)

  • The Pennsylvania Human Relations Commission (PHRC)

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