United Airlines Named in National Guard USERRA Lawsuit

Joe Wallace

Think your civilian job is legally required to protect your position, seniority, and peace of mind when you deploy or otherwise serve your country as prescribed by law? They are required to do so under federal law. But a recent lawsuit against United Airlines proves that even the biggest commercial carriers sometimes need a courtroom reminder of how federal law works.

United Airlines Named in National Guard USERRA Lawsuit

A National Guard soldier employed by United Airlines filed a federal lawsuit against the airline in 2026. United allegedly violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) by denying the soldier their legally mandated transition time and family leave after returning from National Guard service.

When you return from a long-term deployment, you don’t clock into your civilian job the very next morning. Under federal law, you are entitled to a grace period to out-process, travel home, and reorient yourself before you have to report back to civilian work.

According to the lawsuit, United Airlines allegedly denied the plaintiff this transition time. The suit also claims the airline denied the plaintiff’s family leave following their military deployment.

According to Stripes.com, the plaintiff, “served in the Army since 2016, and he began work as an aircraft technician at United in January 2022. About a year later, he was selected for helicopter pilot training, which required him to go on active duty for extended periods of time.”

When the pilot returned to his civilian job at United in 2024, “he was denied a 14-day window afforded through USERRA between the end of his military service and his return to civilian work. United instead demanded he return the next business day.”

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USERRA Protections

If you serve in uniform and get called to active duty while maintaining a civilian career, USERRA is your legal shield against the acts alleged in this lawsuit. USERRA applies to every civilian employer in the United States, from small businesses to corporations like United Airlines.

When you are called up for active duty, training, or deployment, USERRA guarantees several important protections:

• You have the right to get your job back when you return.
• You are legally entitled to the same seniority, status, and pay rate you would have achieved if you had never left for military duty.
• Depending on how long you were deployed, the law gives you a strict window of time to rest before you can be required to return to work.
• For deployments lasting more than 180 days, you generally have up to 90 days to submit your reemployment application.

Know Your Rights Before You Deploy

This lawsuit is a reality check for the aviation industry and a reminder for every drilling Guard member and reservist: know your rights. Your civilian employer cannot legally penalize you, cut your seniority, or deny you your transition time just because you had to go on active duty.

What job position is a service member entitled to upon returning from military duty?

An employer must promptly reemploy the returning service member in the civilian job they would have attained had they remained continuously employed. This placement must match the seniority, status, and pay of that projected position.

How does military leave affect an employee’s seniority and benefits history?

Employers must treat periods of military leave as continuous civilian service. This means the time spent on active duty, deployments, or training counts toward the service member’s seniority ranking, vacation accrual rates, and pension vesting schedules.

What happens if a returning service member needs training or has a service-connected disability?

Employers must make reasonable efforts, such as providing training or retraining courses, to help returning employees refresh or upgrade their skills to qualify for their positions. For service members who incur or aggravate a disability during service, the employer must provide reasonable accommodations to enable them to perform their job duties.

How are retirement and pension plans handled during and after military service?

Employers are not required to make pension contributions while the employee is away on military leave. However, upon the service member’s reemployment, the employer must calculate and credit all pension contributions, vesting, and benefit accruals for that period of absence as if the employee had never left.

Can a service member keep their employer-sponsored health insurance while deployed?

Service members can elect to continue their existing employer-sponsored health plan coverage for themselves and their dependents, subject to a cap (which may change over time), while serving in the military. Upon returning to their civilian job, they have the right to immediate reinstatement in the health plan without waiting periods or exclusions, except for service-related illnesses or injuries.

Does USERRA protect people who are applying for jobs or seeking promotions?

Employers are prohibited from denying initial hiring, retention, promotion, or any employment benefit to individuals based on their past military service, current military obligations, or intent to serve in the future.

What protections exist against employer retaliation?

An employer cannot take adverse employment actions or retaliate against any individual who files a USERRA complaint, testifies in a proceeding, or assists in an investigation, regardless of whether that person has a military service connection.

Which government agencies handle USERRA complaints and enforcement?

The U.S. Department of Labor Veterans’ Employment and Training Service (VETS) is authorized to investigate complaints against employers. If VETS cannot resolve a complaint against a private, state, or local employer, the claimant can request a referral to the Department of Justice to bring a civil action. For federal employers, unresolved cases go to the Office of Special Counsel and the Merit Systems Protection Board.

Service members also retain the right to bypass the federal administrative process and file a civil lawsuit directly against a private employer.

What criteria must a service member meet to qualify for USERRA protections?

• Give advance verbal or written notice to the civilian employer before leaving for military service, unless military necessity makes notice impossible or unreasonable.
• Maintain 5 years or less of military absence from that specific employer, though exclusions apply to weekend drills, annual training, and emergency call-ups.
• Complete the period of service without receiving a dishonorable discharge, bad conduct discharge, or separation under other than honorable conditions.
• Report back to work or submit an application for reemployment within the legally required timelines, which vary by the duration of military service.

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