USERRA Claims in New York? If you’re a service member or veteran working in New York and you believe your employer treated you unfairly because of your military service, you may be wondering: Do I have to sue my employer to fix this, or are there other options?
The short answer is: you usually have more than one path forward.
A federal law called USERRA (the Uniformed Services Employment and Reemployment Rights Act) gives strong protections to service members and veterans. When those rights are violated, there are typically two main ways to pursue a claim:
- Pre-suit negotiation, and
- Litigation (filing a lawsuit in court).
Let’s break this down in plain English.
What Is USERRA and What Does It Protect?
USERRA is a federal law that protects people who serve in the military, including members of the:
- Armed Forces
- National Guard
- Reserves
It does two big things:
- Protects you from discrimination because of your military service
- Guarantees reemployment rights after you return from deployment or training
In New York, we see USERRA violations in many workplaces — from private companies to public employers.
Common USERRA Violations Include:
- Being fired after returning from deployment
- Being demoted or denied a promotion
- Losing seniority, benefits, or pay
- Being treated differently or pushed out after military leave
- Having your job “mysteriously” eliminated when you come back
If any of this sounds familiar, you may have a USERRA claim.
Option 1: Pre-Suit Negotiation (Trying to Fix It Without Court)
In many USERRA cases, the first step is pre-suit negotiation. This means your attorney contacts your employer — usually through a formal demand letter — and explains:
- What USERRA is
- How the employer violated the law
- What the evidence shows (or is expected to show)
- What needs to happen to fix the situation
What Can Be Requested?
Pre-suit resolution might include:
- Getting your job back (reinstatement)
- Back pay for lost wages
- Restoration of benefits and seniority
- Compensation for emotional distress or financial harm
Why This Often Works
- USERRA is a strict federal law, and many employers don’t even realize they’re violating it
- Once employers understand the legal risk, they often want to avoid a lawsuit
- It’s faster, less stressful, and less expensive than going to court
When It Doesn’t Work
Pre-suit negotiation only works if the employer is willing to act in good faith. If they:
- Deny responsibility
- Minimize what happened
- Refuse to fix the problem
…then litigation may be necessary.
Option 2: Litigation (Filing a USERRA Lawsuit)
If negotiation fails — or if the violation is serious and the damages are large — the next step may be to file a lawsuit in federal court.
This is common in New York, especially in cases involving large employers or government agencies.
What Happens After a Lawsuit Is Filed?
- Discovery begins
This is the evidence-gathering phase. Lawyers can demand:
- Emails and internal messages
- Personnel files
- Company policies
- Testimony (depositions) from managers and decision-makers
- This is often where the real reasons behind the employer’s actions come out.
- Motions may be filed
The employer may try to:
- Dismiss the case
- Limit your claims
- Sometimes these motions are granted. Often, in strong USERRA cases, they are denied.
- Settlement talks often continue
Many USERRA cases settle before trial, once the employer sees the strength of the evidence. - Trial (if necessary)
If the case goes to trial, a judge or jury will decide whether your military service was a factor in how you were treated.
A Powerful Legal Standard That Favors Service Members
One of the reasons USERRA is such a strong law is this:
You do not have to prove that military service was the only reason your employer took action against you.
You only have to show that military service was one of the reasons.
Once you do that, the burden shifts to the employer, and they must prove they would have made the same decision even if you had not served.
That’s a high bar for employers to meet.
Which Option Is Right for You?
There is no one-size-fits-all answer.
Some cases in New York resolve quickly through pre-suit negotiation. Others require full litigation to:
- Hold the employer accountable
- Recover lost income and benefits
- Protect your career and reputation
The right path depends on:
- The facts of your case
- The strength of the evidence
- The type of employer
- How the employer responds when confronted with the law
Why You Should Talk to a Lawyer Early
If you believe your employer violated USERRA, it’s important to speak with an attorney who understands:
- Military service-related employment cases
- Federal USERRA law
- The realities of New York workplaces and courts
An early conversation can help you:
- Understand your options
- Preserve important evidence
- Avoid costly mistakes
- Choose the best strategy for you and your family
Get a Confidential USERRA Consultation
If you have questions about a USERRA claim in New York, don’t wait. The sooner you act, the more options you usually have.
Contact us today for a confidential consultation to discuss your situation and find out what your best next step should be.