Understanding USERRA – the five year limit
THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL
The right to reemployment pursuant to USERRA is determined by five eligibility criteria. Once of the criterion is the cumulative period or periods of uniformed service in relation to the employee-employer relationship can not exceed five years.
USERRA is a Congressional rewrite of the Veterans’ Reemployment Rights (VRR) law, which dates back to the 1940s. As part of that rewrite Congress provided that duty performed prior to December 12, 1994 does not count towards USERRA’s five-year limit if it did not count toward the VRR’s four-year limit.
USERRA’s five-year limit only includes “such person’s cumulative period of service in the uniformed services, with respect to the employer relationship for which a person seeks reemployment.” 38 U.S.C. 4312(c).
Section 4312(c) of USERRA contains the five-year limit, including the eight statutory exemptions from the limit. If you feel that you are approaching this five-year cumulative mark and need help determining whether you have a claim under USERRA contact an experience USERRA and employment law attorney. Attorneys here at CitizenSoldierLaw.com can help you navigate through the 8 statutory exemptions and whether any of your service is exempt from USERRA’s five year limitation.
