For tens of thousands of members of the National Guard and reserves who are called up to serve in Iraq, returning home safely may be the beginning -- not the end -- of their worst nightmare. Reservists lucky enough to make it home often find their civilian jobs gone and face unsympathetic employers and a government that has restricted access to civilian job-loss reports rather than prosecuting offending employers.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects members of the guard and reserves from job loss, demotion, loss of seniority and loss of benefits when they are called to active duty.
The act is supposed to protect reservists' civilian jobs for up to five years of military service. But the government has made it difficult for veterans to enforce their legal rights. Service members who return to find their civilian jobs gone also find that the burden is on them to prove that their jobs were taken away as a result of their military service and that there is no other reason that they could have been fired.
This onerous burden of proof discourages many from filing formal complaints.
