USERRA Violations & Veteran Discrimination Attorney in Katy
Advocating for Veterans & Protecting Their Rights
Katy employment lawyer Shane McClelland appreciates the brave servicemen
and women who protect our freedoms. Shane McClelland proudly represents
brave, returning servicemen and women who qualify for protection under
the Uniformed Services Employment and Reemployment Rights Act (USERRA).
USERRA guarantees that you may return to your civilian job after you have
completed your service at the same rate of pay. It also guarantees you
may return with the same benefits as if you had never left. It has been
our firm’s privilege to represent military service members in fighting
for their rights when they return home from serving our nation.
To learn more about your rights under USERRA, please call the Law Office
of Shane McClelland at
What Is USERRA?
USERRA protects the job rights of individuals who voluntarily or involuntarily
leave employment positions to undertake military service or certain types
of service in the National Disaster Medical System. USERRA also prohibits
employers from discriminating against past and present members of the
uniformed services and applicants to the uniformed services.
Your rights are protected by USERRA if you:
- Have honorably completed your service and been denied a return to your prior job
- Have been offered employment at a reduced salary or with lesser benefits
- Have lost your seniority position at your old job
To request assistance, contact the U.S. Department of Labor of the Law
Office of Shane McClelland. USERRA also gives you the right to hire your
own attorney, who may bring a civil lawsuit to help enforce your rights.
Under USERRA, you may also be allowed to seek lost wages and lost benefits,
as well as compensation for your attorney’s fees and expenses in
prosecuting a violation of USERRA.
Can I Return to My Civilian Job?
To qualify to return to your previous civilian job, you must:
- Inform your employer that you are leaving for military service
- Apply for your previous job in a timely manner after your uniformed service
- Have been honorably discharged from the military
USERRA Retaliation Claims
You have the right to receive unpaid benefits and wages resulting from
discrimination based on your status as a veteran. An employer may not
retaliate against you or anyone assisting you in the enforcement of your
USERRA rights. This includes testifying or making a statement in connection
with a proceeding under USERRA. This is true even if that person has no
connection to the military.
Veterans who depart their job to perform military service have the right
to select coverage through an existing employer-based health plan coverage.
This would cover you and your dependents for up to 24 months while in
If you decide to discontinue your health coverage during your military
service, you have the right to be reinstated in your employer’s
health plan when you are reemployed. This is done usually without any
waiting periods or exclusions (e.g., pre-existing condition exclusions),
except for service-connected illnesses or injuries.
Filing a Claim
The U.S. Department of Labor, Veterans Employment and Training Service
(VETS) is authorized to investigate and resolve complaints of USERRA violations.
If you file a complaint with VETS and they are unable to resolve it, you
may request that your case be referred to the Department of Justice. You
can also refer to the Office of Special Counsel, as applicable, for representation.
Alternatively, you may also completely bypass the VETS process by hiring
an attorney to represent you in a civil action against an employer for
violations of USERRA. Katy veterans’ rights attorney Shane McClelland
has extensive experience handling these kinds of claims and is ready to
fight for you.
(713) 242-1302 to get started on your claim or to learn more about USERRA.