Legal Protections and Rights

Workplace Rights and Preferences (Department of Labor)

This Department of Labor (DOL) "Employment Laws Assistance for Workers & Small Businesses (elaws)" site provides resources and addresses veterans employment issues as stated below:

"Military veterans, Reservists and National Guard members may be entitled to certain workplace rights and preferences.

DOL's Veterans' Employment and Training Service (VETS) administers and enforces the Uniformed Services Employment and Reemployment Rights Act (USERRA), which prohibits all employers from discriminating against an individual based on his or her status as a past or present member of the uniformed services.

In addition, DOL's Office of Federal Contract Compliance Programs (OFCCP) promotes equal opportunity in hiring and employment for qualified disabled veterans, Vietnam-era veterans, recently separated veterans and veterans who served on active duty in a war or during a campaign or expedition for which a campaign badge has been authorized." 

For more information, contact your state or territory Veterans' Employment and Training Service (VETS) office.

Veterans' Employment and Training Service (VETS) Locator Directory

External Website: Department of Labor Employment Laws Assistance for Workers & Small Businesses (elaws)

Uniformed Services Employment and Reemployment Rights Act (USERRA)

This Department of Labor site addresses the right of a servicemember, in specific circumstances, to return to their former job after the completion of military service under the Uniformed Services Employment and Reemployment Rights Act (USERRA).  For more information, take a look at USERRA 101.

External Website: Department of Labor

Unemployment Compensation (UCX Program)

Sometimes referred to as the "UCX Program," qualified members of the military may be eligible for Unemployment Compensation based on their active duty service.  Servicemembers receive weekly income as they look for work, including those who can find only part-time work.

The federal "UCX Program" is run by each State which, in turn, may have its own rules.

External Website: Stateside Legal

Veterans Employment Opportunity Act of 1998

The Department of Labor elaws site states: 'By law (Title 5 USC, Section 2108), veterans who are disabled or who serve on active duty in the Armed Forces during certain specified time periods or in military campaigns are entitled to preference over non-veterans both in Federal hiring practices and in retention during reductions in force (RIF).

The National Defense Authorization Act of 2006 (Public Law 109-163) extends Veterans' Preference to those individuals who served on active duty for a period of more than 180 consecutive days any part of which occurred during the period beginning on September 11, 2001, and ending on a future date prescribed by Presidential proclamation or by law as the last date of Operation Iraqi Freedom; and, who were discharged or released from active duty in the armed forces under honorable conditions.'

See the Office of Personnel Management online Vet Guide or more detailed information.

Veterans Employment Opportuntiy Act of 1998

External Website: Department of Labor

Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended

This law includes language specifying that 'any contract in the amount of $100,000 or more entered into by any department or agency of the United States for the procurement of personal property and nonpersonal services (including construction) for the United States, shall contain a provision requiring that the party contracting with the United States take affirmative action to employ and advance in employment qualified covered veterans. This section applies to any subcontract in the amount of $100,000 or more entered into by a prime contractor in carrying out any such contract.'  See site for further information.

External Website: Department of Labor