Fired During or After Military Deployment: USERRA Violations in Georgia
If you leave a civilian job in Georgia for military deployment, federal law requires your employer to give you your job back when you return. Under USERRA, you are also protected from being fired without "just cause" for up to one year after returning to the civilian workforce.
Defending Military Reemployment Rights in Georgia
Georgia is a massive military hub, home to Fort Moore in Columbus, Fort Stewart in Hinesville, and Robins Air Force Base. Thousands of service members transition between civilian jobs and active-duty deployments every year. When you answer the call to serve, you should not have to worry about losing your civilian career. Unfortunately, some employers illegally terminate service members while they are deployed, or refuse to reinstate them upon their return, claiming their position was "filled" or "eliminated."
These actions strictly violate the 38 U.S.C. § 4311 (USERRA). This incredibly powerful federal law provides robust job protections that override Georgia's standard "at-will" employment rules. If you have been penalized by a civilian employer for your military service, searching our directory of US Lawyers can help you connect with a Georgia attorney who specializes in USERRA and veterans' rights.
Key Protections and Micro-Niches
USERRA is designed to ensure that those who serve their country are not disadvantaged in their civilian careers. Understanding the nuances of this law is critical for Georgia's National Guard and Reserve personnel.
Georgia National Guard Deployments
State laws also bolster federal protections. Under O.C.G.A. § 38-2-280, members of the Georgia National Guard who are called to active state duty by the Governor are strictly protected from being fired or suffering any loss of pay, seniority, or benefits. Whether you are deployed overseas or called up to handle a hurricane relief mission on the Georgia coast, your civilian employer cannot hold your absence against you.
Reinstatement Rights and the "Escalator Principle"
When you return from deployment, your employer cannot simply stick you in a lower-paying entry-level role. USERRA operates on the "Escalator Principle." This means you must be reemployed in the exact job you would have attained had you not been absent for military service. If your peers received promotions or automatic pay raises while you were deployed in Kuwait, you must step back onto the corporate escalator at that exact elevated level, not the level you were at when you left.
Fired Immediately Upon Return (The Just Cause Shield)
Because Georgia is an at-will state, civilian workers can usually be fired for no reason. However, USERRA completely overrides this for returning veterans under 38 U.S.C. § 4316(c). If your deployment was longer than 180 days, your employer is legally barred from firing you without "just cause" for one full year after your reemployment. If your deployment was between 31 and 180 days, you cannot be fired without cause for 180 days. Under 20 C.F.R. § 1002.248, the employer bears the burden of proving that the discharge was based on legitimate conduct or operational changes. While the Eleventh Circuit in Coffman v. Chugach Support Services, Inc., 411 F.3d 1231 (US Court of Appeals 11th Cir. 2005) addressed successor liability and the burden of proving discriminatory motive under 38 U.S.C. § 4311, the separate just cause shield under 38 U.S.C. § 4316(c) prevents employers from using arbitrary excuses to terminate reemployed veterans.
Step-by-Step: Deadlines to Keep Your Job Protection
To retain your USERRA rights, you must report back to work or reapply within strict timeframes based on the length of your military service.
Step 1: Follow Reapplication Deadlines
- 1 to 30 Days of Service: You must report back to your civilian employer by the beginning of the first regularly scheduled work period on the first full day after returning home (plus an 8-hour rest period).
- 31 to 180 Days of Service: You must submit a formal application for reemployment within 14 days of completing your service.
- 181+ Days of Service: You have 90 days after completing your service to apply for reemployment.
Step 2: File an Administrative Complaint
If your employer refuses to rehire you or fires you shortly after returning, you can file a formal complaint using Form VETS-1010, FED, U.S. Department of Labor, USERRA Claim Form. Submit this to the Veterans' Employment and Training Service, Atlanta (VETS). They will investigate the employer on your behalf.
Step 3: Proceed to Federal Court
If VETS cannot resolve the issue, or if you prefer to hire a private employment lawyer, you can file a lawsuit directly in a federal court, such as the U.S. District Court for the Middle District of Georgia, Columbus. You can sue for lost wages, benefits, and liquidated (double) damages if the employer's violation was willful.
Cost and Time to Resolve
USERRA contains a powerful provision: no fees or court costs can be charged to the service member for filing the claim in court. Private attorneys typically handle these cases on a contingency basis, and the employer is required to pay your attorney fees if the court rules in your favor. Federal investigations by the Department of Labor usually take 90 days. If a lawsuit is filed, it can take 6 to 12 months to reach a settlement or trial.
Frequently Asked Questions (FAQ)
Do I have to give my employer written notice before deploying?
USERRA requires you to give advance notice to your employer, which can be either written or verbal. However, no notice is required if military necessity prevents it or if giving notice is otherwise impossible or unreasonable under the circumstances.
What happens if I was injured during my deployment?
If you return with a service-connected disability, USERRA requires your employer to make "reasonable efforts" to accommodate your disability. If you cannot perform your original job even with accommodations, they must place you in the nearest comparable position that you can perform, with no loss in seniority.
Can an employer deny me a job simply because I am in the Reserves?
Absolutely not. It is illegal for a civilian employer to refuse to hire you, deny you a promotion, or terminate you simply because they do not want to deal with your future weekend drills or potential deployments.
Is there a limit to how many years USERRA protects my job?
Yes. The general cumulative limit for military leave from a single civilian employer is five years. However, there are numerous exceptions to this 5-year limit, such as involuntary extensions of duty or training requirements.
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