How protected is my job as a military reservist?

I'm thinking about joining the reserves but I'm worried about my civilian job security. How does job protection work for military reservists, and what should I be aware of before enlisting?

As a reservist, your civilian job is protected under the Uniformed Services Employment and Reemployment Rights Act (USERRA). USERRA ensures that members of the National Guard and Reserve receive fair treatment from their civilian employers about their military commitments.

The law requires employers to reemploy veterans, reservists, or National Guard members when they return from active duty. This means, upon return, you're entitled to be reinstated to the job that you would have attained had you not been deployed, with the same seniority, status, and pay.

Additionally, employers can't discriminate against you based on your military service. This means they can't deny you initial employment, reemployment, retention, promotion, or any benefit of employment based on your military commitment.

However, there are some obligations you must meet to be protected by USERRA. For instance, you must provide your employer with advance written or verbal notice of your service as far in advance as is reasonable under the circumstances. And, after completing the service, you must apply for reemployment or report back to work within a certain period, depending on the length of your service.

It's also key to note that these protections don't make you immune to job changes or layoffs that you would have experienced whether you had served in the military or not. For example, if your company had layoffs while you were on active duty, and you would have been laid off whether you were there or not, you may not have a job to return to.

Finally, while the law is there to protect you, the reality is sometimes different, and some employers may not be fully aware of the USERRA laws or may choose to overlook them. If you do encounter difficulties with an employer about your service, it may be wise to seek legal counsel.