If you’ve just returned from military deployment and work in New York, you may be wondering: Can my employer fire me after I get back? USERRA Rights?
In most cases, the answer is no—and a federal law called USERRA (Uniformed Services Employment and Reemployment Rights Act) protects you.
What Is USERRA?
USERRA is a federal law that protects service members who leave civilian jobs for military duty. It requires most employers—including private companies, New York State, New York City, and local government employers—to:
- Give you your job back when you return (if you meet the requirements)
- Protect you from discrimination because of your military service
- Protect you from being fired for a period of time after you return
Can You Be Fired After Deployment?
Your employer cannot fire you just because you were deployed.
If you were deployed more than 180 days, your employer generally cannot fire you without cause for one year after you return. If your service was 31 to 180 days, you are usually protected for 180 days.
This means your employer must have a real, provable reason to terminate you.
Common Warning Signs
Some employers don’t say the real reason and instead claim:
- Sudden performance issues that never existed before
- New discipline starting right after you return
- Being excluded from meetings or job duties
- Comments about your availability or commitment
If these things start happening soon after your return, it may be a red flag.
What Should You Do?
- Save all emails, reviews, and messages
- Pay attention to timing
- Speak with a lawyer who understands USERRA and New York employment law
The Bottom Line
If you’re asking, “Can my employer fire me after deployment?”—the law generally gives you strong protections, but every case depends on the facts.USERRA exists to make sure serving your country does not cost you your civilian career.