In line with FH+H's history with and commitment to members of the Armed Forces, our firm has developed an extensive practice in the Uniform Services Employment and Reemployment Rights Act (USERRA).

Led by Partner Kevin Byrnes, the FH+H USERRA practice group helps government and private employees who are current or past members of the Armed Forces on matters related to their employment.

Services + Solutions

Our USERRA team can help clients:

  • Argue USERRA cases before the Merit Systems Protection Board (MSPB) and the Federal Court Circuit for federal employees and in the United States District Courts for private sector employees.
  • Help current and former military personnel avoid retaliation, reprisal, or a hostile work environment based on their military service.
  • Address “elevator clause” issues to ensure that no employment rights or benefits, including seniority and promotional opportunities, are lost during military service.

Experience + Capabilities

Our USERRA team has advocated the rights of such employees to avoid discrimination, retaliation and reprisal, and hostile work environments based on their past or present military status.

  • The FH+H team has actively represented reservists, ranging from enlisted personnel to senior officers, many of whom have been deployed for periods of a year or more in both combat, intelligence, or overseas operations.
  • Our attorneys have successfully argued against the termination, demotion, or mistreatment of employees covered by the Act.
  • The FH+H team has addressed employer interference with drilling or duty assignments; punishment of employees in terms of lost wages, benefits, or promotional opportunities due to their military service; improper demotion or termination of employees due to their military commitments; or the creation of hostile work environments where current and former military personnel are denigrated or segregated for their service to the country.

Successes + Clients

Note: Case results depend on a variety of unique factors and do not guarantee or predict similar results for future cases.

  • FH+H argued that USERRA litigants are entitled to hearings on the merits in a number of forums and expanded the federal definition of a hostile work environment under USERRA to include past wrongs and not only present ones.
  • FH+H has successfully fought for reservists to maintain their positions, salaries, rights, and benefits following deployment from a variety of federal, state, and private sector employers.
  • Our team helped expand the law to include provisions for discrimination based on military rank and not just military service, such that discrimination can now include mistreatment based on one’s status as an enlisted member or officer rank in the Armed Services.

To learn more about how FH+H lawyers can help with your international due diligence effort, please contact one of our professionals.