How patience and perseverance pay off with USERRA

John D. Patrie is a patient man. The dozen years that he spent as a navigator in the Maine Air National Guard taught him that while things can change in an instant, with planning and a little patience, the mission will succeed.

Patrie was a federal employee when he was called to active duty right after 9/11. While our country was reeling in the days after the attack, Patrie was part of the team that kept our airspace on the east coast safe, a vital mission in the days, months and years that followed. His support for the war effort continued for years, and when his military service concluded, he sought to return to his federal position.

Despite Patrie’s clear eligibility for reinstatement and his proactive efforts to return to his civilian job, the agency refused to reinstate him, claiming that he “abandoned his civilian position when he left to perform active military service. How was this possible? He fulfilled all the requirements under the Uniformed Services Employment and Reemployment Rights Act (USERRA) to be reinstated into his civilian position. He provided advanced notice of his military duty and upon completing active service, he submitted all of the correct documentation: copies of every military order he received putting him on active duty and his DD 214s.

He provided advance notice of his military service to his supervisor and sought to return to work within the required time frame after his service concluded. He had diligently fulfilled his USERRA obligations and kept records of everything, so he decided to reach out to the Department of Labor’s Veterans’ Employment and Training Service.

“I’m not asking for preferential treatment, but I am asking to be allowed to do my job” Patrie said about completing his military service and trying to retain his civilian position. Our Maine state director, Debbie Kelly, investigated his case and validated Patrie’s suspicions that he was wrongfully denied reinstatement.

Patrie decided to fight for his right to employment, a fight that spanned months and then years as it progressed through the litigation process at the Merit Systems Protection Board. The U.S. Office of Special Counsel announced on August 30, 2023, that Patrie was reinstated with full back pay, retroactive to January 2016.

Patrie’s win represents a victory for USERRA and underscores the importance of service members knowing their rights under the act and the responsibility that employers have in upholding them.

Patrie offered these tips for service members:

• Know your rights. Familiarize yourself with the USERRA website to stay up to date with the most current information. 
• Keep track of everything you’re doing and of all important documents. Annotate the days that you’re on military orders and the days that you’re not and keep all your military orders, DD 214s, civilian pay stubs and any correspondence from your employer. 
• Seek help. There are DOL VETS representatives in every state (as well as Puerto Rico and the U.S. Virgin Islands) who can help with USERRA issues. 
•  Help educate your employers. Employers should know the rules on USERRA but help educate them if they don’t.

Patrie’s case is one example of how USERRA protects service members’ rights. By being proactive — knowing the requirements for eligibility to be reinstated with his pre-service employer, providing the necessary documentation and clearly expressing his intent to return to work — Patrie laid the foundation to win his case. His patience and persistence paid off.

Service Members: Learn more about your USERRA rights.

Employers: Find compliance assistance related to USERRA.

William “Kenan” Torrans is the compliance programs director for the Veterans’ Employment and Training Service at the U.S. Department of Labor.