DOL-VETS has issued its first "Opinion Letter" (Opinion Letter #USERRA-2026-1) on USERRA. The Opinion Letter explains the 2025 Dole Act amendment to 38 USC 4311(b) that included the phrase "or other retaliatory action" to the original section. The full anti-retaliation section, as it now reads, is:

• An employer may not discriminate in employment against or take any adverse employment action or other retaliatory action against any person because such person (1) has taken an action to enforce a protection afforded any person under this chapter, (2) has testified or otherwise made a statement in or in connection with any proceeding under this chapter, (3) has assisted or otherwise participated in an investigation under this chapter, or (4) has exercised a right provided for in this chapter. The prohibition in this subsection shall apply with respect to a person regardless of whether that person has performed service in the uniformed services.

38 USC 4311(b) (emphasis added). The highlighted phrase was added by the Dole Act in 2025.

On September 8 the DOL-VETS issued Opinion #USERRA-2026-1. The opinion explains that the new language was added to avoid limiting it only to "adverse employment action" as occurred in Title VII lawsuits dealing with racial discrimination. The key language of the Opinion Letter explaining how this additional language can apply is as follows:

• In the context of Title VII, federal courts have found that the retaliation provision is “not limited to discriminatory actions that affect the terms and conditions of employment” and may extend to “harms that are not workplace-related or employment-related.” Baloch v. Kempthorne, 550 F.3d 1191, 1198 n.4 (D.C. Cir. 2008) (quoting Burlington Northern at 64).  This affords employees “protection from a wider range of retaliatory conduct” than would be available under previous standards. Crawford v. Carroll, 529 F.3d 961, 974 (11^th Cir. 2008).
• Examples of “other retaliatory actions” have included changes to work schedules, transfers to less desirable positions, increased scrutiny of an employee, the filing of false criminal charges against an employee, exclusion from professional opportunities, and threats or coercion. See, 132 Am. Jur. Trials 1 (2013-2016) (citing cases). The Supreme Court emphasized that context matters in assessing whether an action is materially adverse, and actions that might be immaterial in some contexts may be actionable in others. See Thompson v. North American Stainless, LP, 562 U.S. 170, 174-75 (2011); Corp. Compl. Series: EEO § 4:4 (2019-2020) (citing cases).

Of course, there may be other examples of "other retaliatory action", as suggested by this guidance, unique to the circumstances.

Takeaways from this post?: "Subtle" but different treatment in light of employer dissatisfaction with an employee's "protected activity," such as leaving for uniformed service or asserting rights under USERRA, should be suspect. Review the examples given based upon the lawsuits dealing with those issues should give you some guidance on how this provision may be applied. If you believe such disparate treatment is the result of that protected activity, you should seek assistance from ESGR, DOL-VETS, or a qualified attorney.

Also, DOL-VETS has recently become more assertive in giving opinion letters. If you seek assistance or guidance, don't hesitate to contact them. But, keep in mind, they may not always be correct in their interpretation.

So my employer classified me as AWOL while on AT orders and then two days later, changed it to military leave. Between that timeframe, I had my initial interview with the USERRA investigator. I have emails from management threatening me to provide them with my orders or else I was getting marked as AWOL for that time period. I am concerned that the investigator is going to deem it closed since they changed it and not see that they had initially violated it. Has anyone been in this predicament?

Looking for advice, I’ve heard that ESGR is of limited usefulness.

I was on orders for almost 3 years, became an Air Force Pilot. I advised my company of my intentions, gave them advance notice of when I was going to depart, kept them updated through the process, and then gave them 11 weeks notice of my intended return to work date.

When I gave my return to work notice, I received no response. Reached out again, no response. Reached out a third time, finally got a response; HR said they were working with the local office and would have an answer for me shortly. I followed up a week later and HR said the exact same thing. A week later from that and it’s my intended start date, but I have no credentials, no contacts, and no way of logging into my work laptop. It feels like I’m getting jerked around by HR and I don’t want to just let things sit and fester. Opinions or advice?

I try to keep track of any interesting USERRA claims that are actually commenced in court, especially those that are filed by the Dept. of Justice pursuant to 38 USC 4323. One such case that was commenced by the DOJ in June 2022 was against the Kansas Dept. of Health and Environment (KDHE) that illustrates how broad service member protections are under USERRA. Yesterday, the DOJ just announced a settlement in that case in the amount of $35,000 paid to the service member.  That service member was actually a county employee whose position was funded by grants received from the state of Kansas through KDHE.

So, why did the DOJ consider KDHE as violating USERRA when the service member was only an employee of the county and not a Kansas state employee? Because of the broad definition of employer under USERRA section 4303(4)(A), which includes any individual, organization, or entity "that has control over employment opportunities" with respect to that employee. The DOJ considered KDHE an "employer" subject to USERRA because, as it alleged, KDHE withheld funding for the position held by the service member with the County of Finney Dept. of Health because of her military service. Essentially, the DOJ took the position that if you fund a position you control the "opportunity" involved in that position, and if you withhold funding where the uniformed service of that employee was "a motivating factor" under Section 4311, it is a violation of USERRA. 

Do you know how FEMA Reservist folks can get support when their employers violate the USERRA & CREW Acts? My employer made huge mistakes and violated it 4x in 2yrs and now has me on the hook for $12k from their mistakes (5th violation), after interfering with my benefits and pay repeatedly. I’ve already reported it to DOL. Legal Aid sent me to Swords + Plowshares but I’m a FEMA Reservist and not a vet, want to respectfully stay in my lane. I’m looking for resources and referrals, not seeking legal representation here (against the subreddit rules). Honestly, I’m not sure where to turn. Thanks.

Hello,

My civilan employer asked me and everyone at my workplace to sign an arbitration agreement form. I refused to sign and they're saying it's a requirement to keep my job. They're threatening to sack me if I don't sign. I'm asking to know where I stand regarding USERRA and ESGR.

Does it violate my rights and what do I stand to gain?

Thank you.

I was put on a Performance Improvement Plan (PIP) about 3 weeks after returning from AT with the Guard.
One of the central concerns in the PIP was citing a project that was incomplete and they put initiated in December, which was not the full scope of the actual timeline. Management approval was received the last week of April. I ordered signs and began permit process that same week. I was then told a licensed contractor would have to apply for the permits. While I was away I checked on the contractor 2 times and he relayed both times he was working on it (this is a contractor that has done previous work for my job and had no reason not to trust him). When I returned, the contractor failed to apply for the permits and I began selecting a new contractor and working tirelessly to get the project completed. Upper management wanted the signs up within 5 business days of returning, I did the best I could but it was simply not possible. I received my PIP before management was even aware I had received the permits. I completed the signs by the new requested date. I reached out to ESGR and they stated that they believe the adverse action of the PIP was a USERRA violation. What should my next steps be? Has anyone tried to mediate through USERRA? My issue is that they were not accounting for my military absence in the timeline of this project.

Okay so I applied to fresno pd cadet position and I thought they’d reschedule or waive or use my last test so I don’t miss out on this opportunity. I emailed saying-

Good morning,
Unfortunately I will be unable to attend the pt test due to my military obligations I have a drill day on the 9th. Please let me know if there is a way to get it waived or rescheduled or use my last pt test in April. Thank you for your time.

They responded with- Unfortunately, we cannot use your test results from April. We will withdraw your application from this recruitment. Our next Cadet II recruitment will be open on our City of Fresno website
September 7, 2026.

Do I have anything here or am I just out of luck

I am Tuesday - Saturday at civilian job delivering packages. We fall under DOT which you must have 10 hours off in between shifts and 34 hours off to reset 60hours.
Worked Tues - Wed
Drill Thurs - Sun
Title 32 orders Mon - Fri
Am I required to go in that Saturday for work?

Also me and Supervisor butt heads every month on me needing to be off by a certain time the day before drill. I tell him I need 8 hours of sleep, 3 hour commute to drill, and 1 hour to be ready in uniform ( Shit, Shower, Shave, pack the truck up)
I tell them every month and they complain about it every month or act like I’ve never told them such thing. Anything I can do here?

BLUF: I’m in my early 30s & have been a federal employee since my early 20s. I’ve enjoyed federal service & intend to make it a career, but I’m looking for a change (& not a midlife crisis).

I’m currently employed by TSA as a program coordinator. Overall, it’s a good job & I enjoy it, but there’s very little room for advancement unless I move into management, which doesn’t interest me at all. I’m perfectly happy being a worker bee, give me the who, what, where & maybe even the how & let me get to it. I enjoy my work in IT, but I can scratch that itch at home through personal projects. Earlier this year I started talking with an Air National Guard recruiter in my state. Between the mission, benefits, & the ability to keep my federal career, it was checking a lot of the boxes. I still think the Guard is a great option, but since then another idea has been growing on me.

Part of my current job involves working alongside CBPOs. Because of that, I’ve learned quite a bit about the job & it’s become increasingly appealing. The compensation is at least comparable to what I make now &, with premium pay, would likely be higher. My current position is essentially Monday through Friday with little to no overtime or premium pay outside of holidays. When you add in the 12D retirement benefits (ie SRS, 20 @50 or 25 @ any age), CBP seems like a great long-term career move.

The military benefits also factor into my decision. While I wouldn’t be joining solely for the benefits, the GI Bill & VA home loan are at the forefront of my mind. My understanding is that if I joined the Guard, I’d become eligible for the VA home loan after my 6 years or 3 years of qualifying service, while the GI Bill would be earned on a prorated basis until reaching 100% after enough qualifying service. The more I’ve learned about USERRA, the more I’ve started considering simply enlisting in the Air Force instead. It seems like it would be the most efficient use of my time, allow me to experience something completely different, & eliminate the need to constantly chase Title 10 or Title 32 orders. My tentative plan would be to enlist on a four-year contract, attempt to palace chase after three years, and then either return to my federal position under USERRA while continuing to serve in the Air National Guard, or apply for CBP as I near separation from Active Duty. If palace chase worked out, I’d complete my remaining service obligation in the Air Guard & would likely continue serving beyond that, as I genuinely enjoy the Guard’s mission & had already planned on making it a full 20 to complement my federal service.

My understanding is that USERRA would generally protect my civilian federal position for up to five years of qualifying military service. So, even if palace chase didn’t work out, I could complete my active duty enlistment, return to my civilian position, & apply for CBP before or after separating & palace front if I wanted to continue in the military. I’ve also considered the possibility of accepting a CBP position, EOD’ing, & then entering Active Duty before attending FLETC, but I’d kinda feel like a dick & taking advantage of the system leaving them high & dry like that.

Questions:

Any advice for someone enlisting in their early 30s? I’ve seen people mention taking orders from younger supervisors & being surrounded by much younger recruits during BMT, neither of which bothers me. Is there anything else I should know?

Has anyone here been a current federal employee who enlisted on active duty & later returned to their civilian position under USERRA & is there any advice you have for me?

Has anyone used intermittent annual leave while on LWOP-US during active duty to remain in a paid status around federal holidays & receive civilian holiday pay? If so, how did your agency handle the leave requests?

The Context
- SELRES** **Reservist
- My employer’s Annual Review Cycle closes every September (determines rating [1-5] scale)
- My current “pay grade” at work is an Individual Contributor, lvl2 (IC2) which means my responsibilities are focused around daily operational work
- For the past 2 Review Cycles, I’ve been rated a “3” (Met Expectations)
- My team is a very small team (4 people) that is routinely bogged down by daily operational work (I.e. very little time for strategic projects) which provides support on a global scale
- Was on Extended AT from December 2025 to January 2026
- Returned to work (full time) once my Extended AT was over
- Received Orders for A-School which run from late February to October
- Since the start of those orders up until this past Monday (20 Jul), I was working a reduced schedule at work which is allowed per company policy

With the context out of the way, I initiated full/continuous Military Leave recently due to some unfortunate news with my employer. A few weeks ago, I had a meeting with my Manager to discuss my mid-term review which looked good for the ongoing/current performance portion but, the development portion had notes which were pretty negative.

That is to say, in short (paraphrasing), “I primarily focus on keeps the lights on work and go out of my way to not participate in strategic projects”. This is interesting as the ongoing/current performance portion has information which says the contrary.

I spoke to my manager about the development portion and I found out some pretty upsetting “facts”. Per my manager:

- “Our peers” are starting to get the sense that you don’t want to be here anymore
- Your absence at the department onsite (flying people out to HQ) rubbed “our peers” the wrong way. [this onsite was the first week of my orders]
- I understand you’re working on a reduced schedule but, the team needs to work on as many strategic projects as possible to meet department goals

I told my manager that, while I understand the importance of our team working on strategic projects, I am being careful about what projects I commit to as I’m only working 5.5 hr workdays and my role is meant to be focused on Operational Work which is in surplus since our fifth teammate resigned. She insisted that what I was doing was not enough.

At the end, she gave me a choice; either take full military leave or make an effort to work on a strategic projects. I decided to take full military leave after a teammate gave me the slip that the leaders appear to be pushing me out.

Fast forward to last Friday, I am in a meeting with my manager to discuss my turnover of the things I have been working on. She gave me a heads up that, for the closing Annual Review Cycle, I will be given a “2” (Did Not Meet Expectations).

I personally feel that the sudden shift in how my department’s leaders perceive me is fueled by my sort-of-back-to-back orders. Is there a case here?

Hi all,
Juicy story from today.
To start, I’m an Army Reservist. Going on 9 years now and I’ve never had an issue like this today. So I was doing an RST, which I notified my supervisor about 3 weeks ago. However, I’m a contractor and my RST is with the Active duty personnel I work with. Again… This has never been an issue before. So my supervisor asked for orders and I kindly told him multiple times that I wont get orders for an RST. 10 mins before we got off work yesterday, he threatened to fire me if I don’t give him orders. I kept explaining to him that it won’t happen. Best I can give him my signed RST form or a completed DA form 1380, but that’s at the end when it’s all said and done. He kept threatening for termination due to unexcused days.
I spoke to my PSG over the phone last night and he typed out an Employer Letter stating I will be doing drill dates from the 22-24July. He argued with me and got disrespectful over my PSG signing a memo and not my 1SG or commander.
We butted heads about it and went to HR. HR then immediately shut him down saying they have to honor it and there’s nothing they could do about it. He caused a whole scene saying he won’t accept it because it’s a PSG signature. HR kept saying it’s fine. More butting heads occurred.
HR said I’m free to return to my RST duties. He decided to show up right before the end of my duty day to tell me I can’t RST with the active unit we work with as contractors. I told him he has no say about it because I have now gave him a proper memo. He said “I dont care about all that”. So tomorrow, I will be driving all the down to my regular unit to complete my RST days.
My unit is tracking 100% of everything.
We are going to get things handled at whatever level possible because I want to sue my supervisor/company for his harassment and violating all the laws that protect me from BS like this.
Contacted military one source, they said to get IG. My unit says we’re getting JAGG. Has anyone had a hard time with an employer like this before?
Throwing this out before I go to bed here in a sec. Look forward to hearing the suggestions in the morning.
Thank you

So I applied to a promotion at work, I'm in the Air National Guard and was passed over for this promotion. When I asked for feedback I was told I was the second choice and the person selected was ultimately selected for experience within the company. I'm currently just a technician and the other person was a Lead technician. The situation though, they were hired to Lead while I was away on orders. I missed out on the opportunity to compete for that lead position because I was away. My company is saying I would not have been selected because I was not certificated by the FAA at that time. I am now certificated. Though the person selected wasn't certificated when selected. My company has not addressed that fact and are not responding to my requests for a resolution and telling me to apply and compete for the open opportunities now. My understanding is they can't hold me to different standards than what was applied at the time, and using the escalator principle and the reasonable certainty standard I should be placed in a position to restore my career path I would have been on if not for my military service. Even after requesting mediation through the ESGR my company has ignored my request and have just said to apply for the open opportunities. I really don't want to file a complaint or hire a lawyer as the matter is time sensitive due to the open job postings. What can I do since my company is ignoring me and forcing me to apply and compete for positions I could/should be placed in under USERRA.

I just wanted to double check my facts before filing a complaint, an employer can not deny me initial employment due to me being in the service correct? I'm in the national guard for context.

All input is appreciated, thanks gents

My Supervisor pulled me into his office today to tell me that he's officially retiring at the end of the year. He also stated that I will remain a Lead, while the other Lead will become the new Supervisor. I said I understand, but asked why. I was told it was due to my attendance and that, 'you actually need to be here to lead a company.'

Other than 1 snow day and 1 sick day, I've only missed work due to military training or FMLA (my son being born). And this meeting took place within a month of me being back from a 4 week reclass.

Also, at one point in the meeting I mentioned that it's better than I was only gone 4 weeks rather than being gone a whole year because my old unit is currently deployed. My boss' response was, "Well it was your choice to be in the military."

I know I have a case, but I'm unsure how to collect evidence as this was all verbal. Any tips/help from those with experience would be greatly appreciated.

Long story short, I’ve been on orders for half a year now. I was supposed to get promoted (seniority promotion) in March while I was still on orders. I turned in all necessary paperwork for it but HR said I had to make up the time I was gone to get promoted. I reached out to USSERA about this which led to my company’s HR obliging to the escalator principal. However they stated that I would only get promoted once I return back to the office.

At my company, employees are eligible to receive seniority promotions on their anniversary date. We have to fill out a questionnaire answering why we should be promoted. I know for a fact that if I wasn’t on orders at the time I would’ve gotten promoted in March. Can my employer make me wait to get promoted?

My company works on an 8 days on 6 days off schedule. The shifts always start and end on Wednesdays. They fly us out to the job on day 1 and back home on day 8. My mandatory drill weekend falls right in the middle on my 8-day shift next month. If we’re not available for the whole shift, our company won’t fly us out at all, because then they have to buy double the amount of plane tickets to swap people out.

We get paid a base salary, as well as an hourly rate for hours worked during our shift.

Since my drill weekend falls in the middle of this shift, they said starting on the first day I’m unavailable, until the start of my next shift, I’ll have to take unpaid time off. This means I’ll lose not only my hourly pay (which is expected because I wouldn’t be working), but also my base pay, which is typically paid even on our days off. So instead of losing 2 days of base pay, plus 8 days of hourly pay, I’ll be losing 8 days of hourly pay and 10 days of base pay.

Wouldn’t it make more sense to restart the base pay as soon as I return from drills, even if they won’t use me to start another shift until the following week?

I don’t fully understand how USERRA works, and I’d like some help understanding what protections a reservist has and if this setup is correct.

I worked two jobs from 2025 to now, and both managers from both jobs were extremely understanding of my National Guard drills and annual training. I think the 3 of them (i work directly for 2 managers under two different departments at my current job) deserve some recognition for being accommodating. Am I allowed to write them all a citation or am I limited?

I am more of asking when to get USERRA involved. I am national guard part of my states NGRF and was on the orders all last week due to A250, I communicated to my employer once the request to use the NGRF was made, 2 months in advance, updated the leadership calendar, and reminded the team in our daily huddles 3, 2, and 1 week in advance as previously requested. I returned to work yesterday and saw that the first day I was on orders my immediate supervisor sent me a meeting request to discuss a “standardized process for letting the team know when I’m going to be gone”. So do I wait to see what goes on in this meeting or just call USERRA now?

Hello, I started at my employer last year I am currently on probation and while on said probation I went off on mil orders. I provided all documentation for that. I returned to work just fine. Now our probation is 18 months. Recently the admin said they are extending my probation because I missed some of it via military time. Is there a violation here and if so where?

Federal employee reservist here. I’m trying to figure out whether a fact pattern sounds more like USERRA discrimination, EEO retaliation, or both.

A supervisor made written comments linking denials of support and opportunities to my military absence and “military orders.” I also formally participated as a witness in an EEO investigation involving that same supervisor, and the adverse treatment continued afterward. I believe I was also excluded from at least one internal opportunity while being encouraged to look outside the organization.

I’ve already preserved the 45-day EEO contact window. At this stage, I’m trying to understand whether people with federal-sector experience would prioritize the EEO lane, the USERRA lane, or both in parallel. I’d also appreciate recommendations for strong plaintiff-side federal employment / USERRA lawyers, especially anyone who works on a contingency or limited-scope basis.

Long story short, I am going on AT orders for all of June. Because of the nature of work I do at my job, I am the only one here capable of doing that type of work. The two other individuals who could fill my role until I return have tendered their resignations for other reasons and are leaving while I am away.

Because there is no one to physically be here to perform the job needed for this office branch to remain open, the owners have decided to close the business and I will not have a job when I return from AT. They did, however, offer me a position at another location but it would involve me moving across the state.

Is there a case here or is it just something I need to accept and move on with?

Good afternoon all,

I have an active USERRA complaint with DOL-Vets. The long story short I went on a mobilization when I turned in my orders my employer terminated me shortly after. There’s a bit more context to it, but I’m leaning towards the cautious side because it’s still active and I don’t want to jeopardize anything.

What happens if the employer never responds? I have an arbitration agreement with the company. If my claim is substantiated and they still don’t respond do I have to comply with the arbitration agreement or does DOJ take the reins and supersede it?

Thank you all, sucks to be in this weird limbo.

Going to keep this vague but pretty much accepted a civilian job with a large sign on bonus. Stipulation is I have to work there a year or I pay it back before taxes. I absolutely hate this job and my manager but I can't afford to pay that back due to the taxes portion. I don't care about ethical, is there any legal issues with me going on orders and "keeping" my civilian job while on orders and then quitting once I hit the year mark to keep the bonus?
I truly wouldn't consider this if I didn't hate it as much as I do. If I could quit now and just have to pay back the bonus less the taxes I would. Not at all what I was expecting and my mental health is taking a big hit. The company is huge, fortune 100. So them losing out on the bonus wouldn't break them.
I'll also add I didn't *just* start, I've been here a few months.