Washington Military Service (USERRA) laws & HR compliance analysis

Washington Military Service (USERRA): What you need to know

Washington law prohibits employers from discharging or otherwise discriminating against employees or applicants on the basis of military status. The law also prohibits employment discrimination against an honorably discharged veteran (WA Rev. Code Sec. 49-60-180).
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Employers may not retaliate against employees who testify in a proceeding, assist in an investigation, or exercise rights provided under the law, regardless of whether they have performed military service (WA Rev. Code Sec. 73.16.032).
The National Guard, the U.S. armed forces, the Coast Guard, or the U.S. Public Health Service. Any employee, public or private, who is a resident of the state and who, voluntarily or upon demand, enters into active duty or training in any state National Guard, the U.S. armed forces, the Coast Guard, or the U.S. Public Health Service is entitled to reemployment to the same or similar position, provided that the employee:
• Furnishes a receipt of an honorable discharge, report of separation, certificate of satisfactory service, or other proof of having satisfactorily completed his or her service.
• Makes written application to the employer according to length of service but in no case greater than 90 days from the date of separation or release from training and service. If the employee is hospitalized for service-related reasons, the employee is entitled to reinstatement for up to two years from the date of injury.
If the employee is still qualified to perform the duties of his or former position, the employee must be restored to that position or to a position of like seniority, status, and pay. If the employee is not qualified as a result of disability sustained during service, but is qualified to ...

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