Atlanta Military Servicemembers’ & Veterans’ Rights Attorneys

Representation Across Georgia

The men and women who serve in our armed forces bring discipline, skill, and commitment to everything they do. They deserve to return home to civilian careers that are intact, fairly compensated, and free from discrimination. For members of the National Guard and Reserves, the challenge is even more immediate: balancing the demands of military duty with the expectations of a civilian employer, often on short notice and for extended periods. When employers fail to honor those rights, the consequences can be serious and lasting.

Beal Sutherland Berlin & Brown has in-depth knowledge of federal laws that protect servicemembers and veterans in the workplace. We advocate forcefully for Georgia servicemembers whose employment rights have been violated. The same dedication you bring to serving this country deserves to be met with the same dedication in court.

Are your employment rights as a servicemember or veteran being violated? Call Beal Sutherland Berlin & Brown at (404) 476-5305 or contact us online to speak with an experienced Atlanta military employment attorney.

What Is USERRA and Who Does It Protect?

The Uniformed Services Employment and Reemployment Rights Act, commonly known as USERRA, is a federal law enacted to ensure that military service does not come at the cost of a servicemember's civilian career. USERRA applies to members of the Army, Navy, Air Force, Marines, Coast Guard, National Guard, Reserves, the Public Health Service commissioned corps, and the National Disaster Medical System.

Both private employers and public employers, including the State of Georgia and local governments, are required to comply with USERRA. Enforcement is handled by the Office of Special Counsel and the U.S. Department of Labor.

At its core, USERRA is built around three fundamental protections:

• Freedom from discrimination in civilian employment based on past, present, or future military service
• The right to be promptly reemployed in their civilian positions upon returning from duty
• The right to civilian career opportunities that are not diminished because of time spent serving their country

Beal Sutherland Berlin & Brown has the knowledge and experience to navigate USERRA claims with precision. Our attorneys understand how these federal protections work in practice, how employers attempt to sidestep them, and how to build a compelling case when they do. If you believe your rights under USERRA have been violated, we are the advocates you want in your corner.

What Protections Does USERRA Provide?

• When seeking civilian employment, applicants cannot be denied a job because of their military obligations. An employer cannot turn a servicemember away because they may be called for duty during the early days of employment or because they serve in the National Guard or Reserves. Employers may decline a candidate for legitimate, non-military reasons, but military status cannot be a factor.
• While actively employed, servicemembers cannot be fired, passed over for promotion, disciplined, or denied benefits because of their military status. Employers are also prohibited from retaliating against a servicemember who asserts their USERRA rights or supports a colleague in doing the same. A company-wide raise or bonus withheld because an employee was on military duty during the relevant period is a USERRA violation.
• When preparing for deployment, servicemembers are required to notify their employer, either verbally or in writing, when military service will conflict with their job. This notice requirement is straightforward and does not require formal documentation in most cases.
• While away on duty, USERRA requires that servicemembers receive the same benefits extended to other employees on furlough or leave of absence. This applies to active duty, training, weekend or weekday drills, funeral honors duty, and fitness examinations.
• Upon returning from deployment, servicemembers must request reemployment or report back to work within a timeframe that depends on the length of their absence. Different deadlines apply for absences of 1 to 30 days, 31 to 180 days, and more than 180 days. Additional time is permitted for those recovering from a service-related injury. In most cases, employees absent for up to five years retain the right to seek reemployment with the same employer.

Reemployment rights generally mean returning to the same position the servicemember held before deployment, with the same seniority, pay, and benefits, as though their employment had been continuous. If an employer believes a returning servicemember lacks the qualifications for that role, USERRA requires the employer to provide training or assistance to help the employee meet those qualifications.

These protections are detailed, and the circumstances that trigger them are specific. Beal Sutherland Berlin & Brown attorneys know this law thoroughly. We will evaluate exactly where your employer fell short, identify every protection that applies to your situation, and pursue your case with the depth of knowledge and aggressive advocacy that complex federal employment claims demand.

How Beal Sutherland Berlin & Brown Advocates for Servicemembers

When an employer violates USERRA, Beal Sutherland Berlin & Brown pursues every remedy the law provides on your behalf, including:

• Injunctive relief, such as a court order requiring your reemployment
• Compensation for lost wages and benefits
• Liquidated damages equal to your lost wages and benefits when the violation is found to be willful
• Attorneys' fees and litigation expenses

Our attorneys bring the same tenacity to USERRA claims that we bring to every employment matter we handle. We understand what is at stake for servicemembers who have sacrificed significant time and opportunity in service to their country, and we hold employers fully accountable when they fail to meet their legal obligations. 

When you work with Beal Sutherland Berlin & Brown, you have a team that treats your case with the same seriousness and commitment you brought to your service.

Experienced Atlanta USERRA Attorneys Ready to Fight for You

Whether you are preparing to deploy and have questions about how your service will affect your job, returning from duty and encountering obstacles to reemployment, or facing discrimination in the workplace because of your military status, Beal Sutherland Berlin & Brown is ready to help. Serving your country should never mean losing your livelihood, and the law is clear that it does not have to.

Our attorneys represent servicemembers throughout Georgia. We understand the particular pressures facing veterans and members of the National Guard and Reserves, and we bring decades of experience to every case we take.

Contact Beal Sutherland Berlin & Brown online or at (404) 476-5305 to speak with an Atlanta military employment attorney who will fight for your rights.