Military Service Discrimination

Federal law protects your job while you serve and your right to return to it afterward. If your employer punished you for your service or reservist duties, we can help you fight back.

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What is military service discrimination?

Military service discrimination means treating a worker unfairly because of their service, reservist duties, or deployment. Refusing to rehire someone after deployment, or denying promotions to reservists, is illegal. The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects service members’ jobs and their right to return after serving.

Service members and reservists often come home to find their job isn’t waiting the way the law says it should be.

How military service discrimination shows up at work

  • You’re not rehired after deployment, or brought back to a lesser role

  • Your reservist duties become a mark against you

  • You’re passed over for promotion because of time spent serving

  • Your pay, seniority, or benefits don’t pick up where they left off

  • You’re treated as a scheduling problem instead of an employee

  • You’re pushed out not long after returning from service

Federal and state protections

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What the law says about military service discrimination

Federal

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects service members and reservists from discrimination based on military service and guarantees the right to return to their civilian job after service, with the same seniority, pay, and benefits they would have earned.

Minnesota

The MHRA and Minnesota veterans’ preference laws provide additional protections for service members and veterans in employment.

Learn more

Illinois

The IHRA prohibits discrimination based on military status, and Illinois law provides additional protections for service members and veterans.

Learn more

Not sure which law applies to your situation? That’s what we figure out with you.

What a military service discrimination case can recover, if your case is successful:

  • Back pay for wages you lost
  • Front pay for future wages
  • Reinstatement to your job (if that’s what you want)
  • Compensation for emotional distress
  • Punitive damages against the employer (in serious cases)
  • Attorney’s fees and costs

Every case is different. What you can recover depends on the facts, the law, and the employer’s conduct.

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*Prior results do not guarantee a similar outcome.

How we handle military service discrimination cases

Every case starts with a free call. We listen first. If you have a case, we tell you what it looks like — what’s likely to happen, how long it might take, what’s realistic. If you don’t have a case, we tell you that too and try to point you toward someone who can help.

On contingency, you pay nothing unless we win.

Attorneys who handle these cases

Meet the full team
Shawn Wanta, Founding Partner at Wanta Thome

Shawn Wanta

Founding Partner

Recognized among the nation’s Top 100 Civil Plaintiff and Top 10 Wage and Hour attorneys, a determined litigator fighting for workers in class and collective actions.

Admitted in MN · IL

Joni Thome, Founding Partner at Wanta Thome

Joni Thome

Founding Partner

Drawing on 25 years of representing professionals and managers, a steady advocate for employees facing discrimination, harassment, and retaliation in the workplace.

Admitted in MN

Suzanne Heywood, Attorney at Wanta Thome

Suzanne Heywood

Attorney

Driven by her own encounters with corporate unfairness, a tenacious champion focused on protecting the rights, livelihoods, and futures of hardworking professionals.

Admitted in IN · IL · MI

Luke Molvarec, Attorney at Wanta Thome

Luke Molvarec

Attorney

Forged by his background as a Marine, an unwavering defender fighting to level the playing field and secure meaningful financial recovery for unfairly treated workers.

Admitted in IL

Common questions about military service discrimination

  • Does my employer have to give me my job back after deployment?

    Generally, yes. USERRA requires most employers to reemploy you after military service, in the position and with the seniority, pay, and benefits you would have earned had you not been away. There are conditions, but the right to return is strong.

  • Can I be treated differently for being a reservist?

    No. Penalizing you for reservist obligations — training, drills, deployment — is prohibited under USERRA. If your schedule commitments to the military became a mark against you at work, that may be unlawful.

  • What if my employer eliminated my position while I was serving?

    USERRA still generally protects your reemployment. Employers can’t use your service as a reason to avoid bringing you back. If your role “disappeared” during deployment, it’s worth examining whether your rights were violated.

  • Do my seniority and benefits continue during service?

    Under USERRA’s “escalator principle,” you’re generally entitled to the position and benefits you would have reached had you stayed continuously employed — not just the job you left. Lost seniority or benefits after return can indicate a violation.

  • Does USERRA apply to all employers?

    USERRA applies to virtually all employers, regardless of size — a broader reach than many discrimination laws. Minnesota and Illinois law provide additional protections for service members and veterans on top of the federal statute.

See all discrimination FAQs

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Common questions

How much is a military service discrimination case worth?

It depends on your losses and the employer’s conduct — back pay, lost benefits, liquidated damages for willful violations, and attorney’s fees. We’ll assess yours honestly once we understand the facts.

How long do I have to file a USERRA claim?

USERRA has no strict federal statute of limitations in the traditional sense, but waiting can still hurt your case as evidence fades. State-law claims have their own deadlines. Reach out early.

Do I have to file with an agency first?

USERRA claims can go through the Department of Labor or directly to court, and the path matters. We identify the best route and handle the process for you.

Do I need a lawyer for a USERRA claim?

USERRA is powerful but technical. A lawyer who knows how reemployment and the escalator principle work helps you claim everything you’re owed, with no upfront cost on contingency.

Can I still have a case if I’m still employed?

Yes. Being passed over, penalized, or sidelined because of your service or reservist duties while still working can support a claim.