Veterans have legal protections that explore when you're hired, while employed, and when you leave a job

Federal law gives veterans specific rights in the workplace that differ from protections available to other workers. These laws cover hiring decisions, time off for military service, protection from retaliation, and benefits continuation. The main laws are the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Veterans' Employment Opportunities Act (VEOA), and the Americans with Disabilities Act (ADA) as it applies to service-connected disabilities.

Your rights depend on whether you served on active duty, the length of your service, your discharge status, and whether your employer is covered by federal law. Most private employers with one or more employees, all federal agencies, and most state and local governments are covered. The specific protections you can use vary by situation — some explore only during hiring, others only after you're employed, and some explore throughout your career.

Key Takeaways

  • USERRA protects your job if you took unpaid military leave, requiring your employer to restore you to the same or an equivalent position when you return.
  • VEOA gives veterans hiring preference in federal jobs and requires federal contractors to post job openings where veterans can see them.
  • Employers cannot discriminate against you based on military service, and retaliation for using your rights is illegal.
  • Service-connected disabilities are covered under the ADA, meaning employers must provide reasonable accommodations unless doing so causes undue hardship.
  • Your discharge status matters — discharges other than honorable may affect some protections, though USERRA applies regardless of discharge type.

USERRA: Job protection when you return from military service

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects your civilian job if you take unpaid leave for military service. This applies whether your service was active duty, reserve, or National Guard, and whether it was voluntary or involuntary. You must notify your employer before leaving for service when possible, and your employer must restore you to your job or an equivalent position when you return.

The law covers service periods up to five years. When you return, your employer must place you in the same job if you can perform it, or in a position of like seniority, status, and pay if you cannot. You also keep your health insurance during service — your employer must continue your coverage for up to 24 months, though you may have to pay your share of the premium. Seniority, pension benefits, and other benefits earned before service must be credited as if you had been continuously employed.

USERRA applies to employers with one or more employees, including private companies, nonprofits, and government agencies. It does not matter whether your employer is large or small. Your discharge status does not affect USERRA protection — the law covers all service members regardless of how they left the military, including those with other-than-honorable discharges.

VEOA: Hiring preference and job posting requirements in federal employment

The Veterans' Employment Opportunities Act (VEOA) gives veterans hiring preference in federal government jobs and requires federal contractors to follow specific hiring practices. If you are a veteran with an honorable or general discharge, you receive preference points added to your federal job process score. The amount of preference depends on whether you have a service-connected disability and your length of service.

Federal agencies must post job openings on USAJOBS.gov, the official federal job board, where veterans can search and explore. Contractors working on federal projects must also post openings where veterans can find them — this is not always the same as public job boards. If you explore for a federal job and are not hired, you have the right to see your score and the score of the person hired, which can help you understand whether preference was applied correctly.

VEOA does not may provide you will be hired, only that your process will be scored with preference points and considered fairly. Your qualifications must still meet the job requirements. Veterans with service-connected disabilities rated by the Department of Veterans Affairs receive additional preference in some cases.

Protection from discrimination and retaliation

Federal law prohibits employers from discriminating against you because of your military service, status as a veteran, or membership in the military reserves. This means an employer cannot refuse to hire you, fire you, demote you, or treat you differently based on these factors. Discrimination can be direct — an employer saying they will not hire veterans — or indirect, such as requiring qualifications that are not job-related but screen out veterans.

Retaliation is illegal if your employer punishes you for using your legal rights. For example, if you request time off under USERRA or file a complaint about discrimination, your employer cannot fire you, reduce your hours, cut your pay, or give you a poor performance review in response. Retaliation can be obvious or subtle — a sudden change in how you are treated after you assert a right is often a sign of retaliation.

If you believe you have been discriminated against or retaliated against, you can file a complaint with the Department of Labor's Veterans' Employment and Training Service (VETS) or with the Equal Employment Opportunity Commission (EEOC). The process is free and does not require you to hire a lawyer, though you can choose to do so.

Reasonable accommodations for service-connected disabilities

If you have a service-connected disability, the Americans with Disabilities Act (ADA) requires your employer to provide reasonable accommodations so you can perform your job. An accommodation is a change to your work environment, schedule, or tools that helps you do your work despite your disability. Examples include modified work schedules, accessible parking, assistive technology, or changes to how tasks are assigned.

Your employer must provide accommodations unless doing so would cause undue hardship — meaning significant difficulty or expense relative to the employer's size and resources. You do not have to disclose your disability to your employer unless you are requesting an accommodation. When you do request one, your employer can ask for medical documentation from your VA records or a healthcare provider, but only documentation related to the accommodation you need.

The ADA covers employers with 15 or more employees. If your employer is smaller, other state or local laws may still require accommodations. You can request accommodations at any time during your employment, not just when you are hired.

Differences between active duty, reserve, and National Guard service

USERRA protects service members in all branches and components of the military, including active duty, the reserves, and the National Guard. The law treats all service the same way — your employer must restore your job whether you served on active duty for four years or took two weeks of reserve duty. The key factor is that you took unpaid leave for military service and notified your employer.

Reserve and National Guard members sometimes face different practical challenges than active duty service members because their service may be shorter or less predictable. USERRA still applies the same way. If you were called to active duty from the reserves or National Guard, your employer must hold your job. If you attend annual training or monthly drills, those absences are also covered, though the restoration rights are the same.

What discharge status means for your rights

Your discharge status affects some veteran protections but not others. An honorable discharge qualifies you for all veteran benefits and protections. A general discharge under honorable conditions qualifies you for most benefits and protections, though some federal hiring preference may be limited. Discharges listed as other than honorable, bad conduct, or dishonorable may disqualify you from some benefits.

USERRA protection applies regardless of discharge status — even if you received a discharge other than honorable, your employer must restore your job when you return from service. Discrimination based on military service is illegal regardless of your discharge type. However, VEOA hiring preference in federal jobs requires an honorable or general discharge. If you received a discharge other than honorable and believe it was unjust, you can request a review through the military discharge review process.

Steps to take if your rights are violated

If your employer violates your rights, the first step is usually to document what happened — keep records of dates, conversations, emails, and any witnesses. Tell your employer in writing that you believe your rights have been violated and describe what happened. Many employers will correct the problem once they understand the law applies.

If your employer does not respond or the problem continues, you can file a complaint with the Department of Labor's Veterans' Employment and Training Service (VETS) at dol.gov/agencies/vets. VETS investigates USERRA violations for free. For discrimination or retaliation, you can also file with the Equal Employment Opportunity Commission (EEOC) at eeoc.gov. Both agencies can investigate your complaint and may order your employer to restore your job, pay back wages, or take other corrective action.

You have time limits to file complaints — generally 180 to 300 days depending on your state and which law was violated. If you are considering legal action, consult with an attorney who handles employment law, as some cases may may have access to for attorney's fees if you win.

Frequently Asked Questions

Can my employer fire me because I served in the military?

No. Federal law prohibits discrimination based on military service. Your employer cannot fire you, refuse to hire you, or treat you differently because you are a veteran or served in the reserves or National Guard. If you believe this happened, you can file a complaint with the EEOC or the Department of Labor.

What if I was injured during service and now need accommodations at work?

The ADA requires your employer to provide reasonable accommodations for service-connected disabilities. You can request accommodations at any time. Your employer can ask for medical documentation, but only related to the accommodation you need. If your employer refuses without a valid reason, that is illegal.

Do I have to tell my employer I am a veteran?

No, you do not have to disclose your veteran status unless you are explore for a federal job, requesting an accommodation for a disability, or using a right like USERRA. Telling your employer you are a veteran may help if you need time off for service or if you want to use VEOA hiring preference for federal positions.

What happens if my employer does not restore my job after I return from military service?

Contact the Department of Labor's Veterans' Employment and Training Service (VETS) to file a USERRA complaint. VETS investigates for free and can order your employer to restore you to your job, pay back wages, and cover benefits you lost. You can also consult an attorney about filing a lawsuit.

Does USERRA explore to my small employer?

Yes. USERRA applies to employers with one or more employees, including very small businesses, nonprofits, and government agencies. The size of your employer does not matter — the law covers all employers equally.