USERRA & Military Employment Rights Attorney

At Pilot Law, we represent Reserve and National Guard personnel against civilian employment discrimination, illegal terminations, and lost benefits protected by USERRA.

What is USERRA?

Enacted in 1994, the Uniformed Services Employment and Reemployment Rights Act protects service members’ reemployment rights when they are returning from a period of duty in the uniformed services. This includes members of the Army, Navy, Air Force, Marines, and Coast Guard Reserves, along with the National Guard and other Federal uniformed services such as the Public Health Service, FEMA and NOAA.

This act prohibits employers from discriminating against employees based on military service or obligation. It also strengthens and expands the employment and reemployment rights of all uniformed service members.

Without USERRA, Reserve and National Guard personnel would be forced to choose between their service to their country and their work for their employer. Pilot Law represents the alleged victims of discrimination against military personnel by non-military employers in order to protect the individual’s rights and ensure the continued access of the military to these highly trained and skilled men and women.

Why Pilot Law?

In 2022, founder Brian J. Lawler was invited to join the House Armed Services Committee Subcommittee on Economic Opportunity to participate in a congressional roundtable in Washington, D.C. Alongside fellow legal practitioners, academics, and legislators, the panel drafted proposed statutory amendments to the Uniformed Services Employment and Reemployment Rights Act. Nine amendments were proposed, six of which were ultimately passed into federal law, including two amendments written by Mr. Lawler as part of the Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Act. Pilot Law knows your rights, because we helped establish them.

Representative Appeals and Decisions

The firm’s practice includes arguing USERRA cases across multiple State and Federal Courts and before the Supreme Court of the United States.

• Torres v.  Texas Dept. Of Public Safety, 597 U.S. 580 (2022): Represented the petitioner in a U.S. Supreme Court decision holding that states cannot assert sovereign immunity as a defense against federal military employment lawsuits in state courts.
• Feliciano v. DOT, 605 U.S. 38 (2025): Represented the petitioner in a U.S. Supreme Court ruling clarifying federal differential pay entitlements for civilian employees called to active duty.
• Huhmann v. Fed. Express Corp., 874 F.3d 1102 (9th Cir. 2017): Represented the plaintiff in a 9th Circuit Court of Appeals decision affirming the District Court’s verdict in favor of the service member. The 9th Circuit established a bright-line rule applying the “escalator principle,” holding that it was reasonably certain the service member would have received a bonus “but for” his military deployment.

Key Areas of Coverage

Federal law provides specific framework protections covering various aspects of civilian employment before, during, and after military service. Detailed information on specific legal topics can be accessed here:

• Employment Situations: Statutory protections regarding hiring, termination, retention, workplace discrimination, and protection against employer retaliation.
• Healthcare, Retirement Plans, and Pensions: Provisions governing the continuation of health insurance coverage during deployment and the continuous accumulation of civilian pension and retirement benefits.
• Escalator Principle: The legal standard requiring employers to reemploy returning service members in the seniority, status, and pay level they would have attained had they remained continuously employed.
• Differential Pay: Statutory standards and civilian employer obligations regarding supplemental pay for Federal civil service employees called to active military duty.

Legal Representation and Inquiries

Pilot Law represents Reserve, National Guard, and active-duty personnel in federal and state courts nationwide, as well as before the Merit Systems Protection Board for federal employees.

To schedule a legal consultation regarding a military employment or reemployment dispute, contact us today.

If you are in need of legal representation for a USERRA matter, please contact our office.