Much like the federal government, which has enacted the Uniformed Services Employment and Reemployment Rights Act (USERRA), many states have enacted laws to protect the employment status of the men and women who serve in the armed forces (38 USC 4301et seq.). Wyoming has enacted such a law, called the Military Service Relief Act (WY Stat. Sec. 19-11-101et seq.). The law applies to both public and private employers.
Remember that USERRA, a federal law, preempts any state law that is less protective of the employment and reemployment rights of uniformed service people. That is, if Wyoming law is less protective than USERRA, the rights given by USERRA will apply, not the less protective Wyoming law. In addition, if Wyoming law is more protective than USERRA, the Wyoming law will apply. There is additional information.
The Act prohibits employment practices that discriminate against a person who is a member of, applies to be a member of, performs, or has performed in a uniformed service. "Uniformed service" means the armed forces, the Army National Guard and the Air National Guard, the commissioned corps of the public health service, and any other category of persons designated by the president in time of war or emergency. The law specifically states that employers are prohibited from:
• Denying employment, reemployment, retention in employment, promotion, or any benefit of employment on the basis of service membership, application for membership, performance of service, application for service, or obligation
• Retaliating against any person because he or she has testified or made any statement in connection with any proceeding, has assisted in an investigation of ...