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Understanding Your Employment Rights as a Veteran

Writer: Kirk CarlsonKirk Carlson


Understanding Your Employment Rights as a Veteran

Veterans bring a wealth of skills, discipline, and experience to the civilian workforce. To honor their service, laws and programs have been established to protect their employment rights and ensure they have fair opportunities in the job market. This article provides an overview of the key employment rights available to veterans and how they can access these benefits.

1. Uniformed Services Employment and Reemployment Rights Act (USERRA)

The USERRA is a federal law that protects the employment and reemployment rights of individuals who serve or have served in the armed forces. It ensures that:

  • Veterans can return to their civilian jobs after serving in the military.

  • Employers cannot discriminate against individuals based on their military service.

  • Employees are entitled to be reinstated in the same position or a similar one with the same seniority, status, and pay.

  • Employers must provide reasonable accommodations for service-related disabilities.

How to File a USERRA Complaint: Veterans can file a complaint with the U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS) if they believe their rights under USERRA have been violated.

2. Veterans’ Preference in Federal Hiring

Veterans receive preference points when applying for federal jobs. These points give eligible veterans an advantage during the hiring process. Key aspects include:

  • 5-Point Preference: Awarded to veterans who served during specific time periods or in military campaigns.

  • 10-Point Preference: Granted to disabled veterans or those awarded the Purple Heart.

  • Veterans with preference points may also be entitled to priority in layoffs or workforce reductions.

How to Claim Veterans’ Preference: Applicants should submit DD Form 214 (Certificate of Release or Discharge from Active Duty) or other required documentation when applying for federal positions.

3. Vocational Rehabilitation and Employment (VR&E) Program

The VR&E program assists veterans with service-connected disabilities in preparing for, finding, and maintaining employment. Services include:

  • Counseling and career guidance.

  • Education and training programs.

  • Resume preparation and job placement assistance.

  • Support for starting a business.

Eligibility Requirements: Veterans with a service-connected disability rating of at least 10% are eligible to apply.

4. Americans with Disabilities Act (ADA)

The ADA protects veterans with disabilities from employment discrimination. Under this law:

  • Employers must provide reasonable accommodations to enable disabled veterans to perform their jobs.

  • Employers cannot refuse to hire or promote veterans due to their disabilities.

How to File an ADA Complaint: Veterans can contact the Equal Employment Opportunity Commission (EEOC) if they face workplace discrimination due to disabilities.

5. Transition Assistance Programs (TAP)

The TAP program helps veterans transition from military to civilian employment by providing:

  • Job search assistance.

  • Resume and interview coaching.

  • Financial planning and benefits counseling.

Accessing TAP Services: Veterans can inquire about TAP services through their local VA offices or Department of Labor Centers.

6. State-Specific Veteran Employment Programs

Many states offer additional employment assistance programs for veterans. These programs may include:

  • Job fairs and hiring events specifically for veterans.

  • Workforce development programs.

  • Tax incentives for employers who hire veterans.

Finding Local Programs: Veterans can visit their state workforce agencies or local American Job Centers to learn about available programs.

Conclusion

Veterans have access to a broad range of protections and resources to support their transition into the civilian workforce. By understanding their rights under laws such as USERRA and ADA, taking advantage of vocational training through VR&E, and utilizing veterans’ preference in hiring, former service members can secure meaningful employment opportunities. Veterans facing employment challenges are encouraged to seek assistance from their local VA offices or advocacy organizations to ensure their rights are upheld.


 
 
 

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DISCLAIMER: The information on this site is not legal advice. They are meant solely as educational content. Individual cases will vary.
Covenant of Courage is not a Veterans Service Organization (VSO) or law firm and is not affiliated with the U.S. Veterans Administration (“VA”). Covenant of Courage does not provide legal or medical advice or assist clients with preparing or filing claims for benefits with the VA.

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