Veteran employment rights: federal hiring preference and USERRA

Job hunting after the military can feel like starting from zero. It is not. Two federal laws already have your back, and most veterans only find out about them after they have missed the window to use them. One gives you extra weight when you apply for a federal job. The other makes it illegal to punish you for serving. This guide covers both.

Part 1: Veterans' Preference in federal hiring

Veterans' Preference is a rule that gives eligible veterans an advantage when they apply for jobs in the federal government. It does not apply to private companies, and it is not a guaranteed job. What it does is add points to your application score, or move you higher on the referral list, so you get a fair look ahead of the field. It is administered by OPM under federal law.

There are two levels: 5-point preference and 10-point preference. Which one you get depends on your service and whether you have a service-connected disability.

5-point preference (the "TP" group)

You generally qualify for 5-point preference if you served on active duty during a qualifying wartime period or campaign and were discharged under honorable conditions. OPM labels this group TP, which means a preference eligible with no disability rating. When an agency scores applicants numerically, it adds 5 points to your passing score.

10-point preference (disabled veterans)

If you have a service-connected disability, you qualify for 10-point preference, and OPM adds 10 points to your passing score. Here is the part that surprises people: disabled veterans receive the full 10 points regardless of the disability percentage. A 10 percent rating and a 100 percent rating both earn the same 10 points.

OPM sorts 10-point veterans into groups by shorthand code. The three that cover disability are worth knowing by name:

The codes look like alphabet soup, but the takeaway is simple. Any compensable service-connected disability puts you in the 10-point tier.

What preference does not do

Preference is not a hiring quota, and it does not apply to internal promotions once you already work for the government. It also does not override job qualifications. You still have to be qualified for the position. What it does is make sure your service counts as the tiebreaker it should be. To claim it, you fill out the preference section of your application and attach proof, usually your DD-214 and, for 10-point preference, an SF-15 form with your VA rating letter.

Part 2: USERRA, the law that protects your civilian job

The Uniformed Services Employment and Reemployment Rights Act, or USERRA, is the federal law that protects your civilian job when your service pulls you away from it. This is the one that matters most for Guard and Reserve members, but it covers nearly everyone who serves or has served in the uniformed services, and it applies to almost every employer, private companies and government alike. It is administered by the Department of Labor's Veterans' Employment and Training Service, known as VETS.

USERRA does two big things: it protects your right to come back to your job, and it bans discrimination for serving.

Reemployment rights: your job is waiting

If you leave a civilian job to perform military service and meet the law's conditions, USERRA gives you the right to be promptly reemployed when you return. And not just to any job. You are entitled to the position you would have reached had you never left, with the same seniority, status, and pay, plus the raises and benefits that go with that seniority.

This is called the escalator principle. The idea is that your career keeps moving up the escalator while you serve, so you step back on where you would have been standing, not where you got off. To keep these rights, there are conditions to meet, including giving your employer advance notice when possible and returning to work within set timeframes after your service ends.

No discrimination for serving

USERRA also makes it illegal for an employer to treat you worse because of your service. An employer cannot deny you a job, a promotion, a benefit, or keep you employed based on your past service, your current military obligations, or your intent to serve in the future. That last one matters: an employer cannot refuse to hire you simply because you are in the Reserve and might get called up.

The law also protects you from retaliation. If you file a USERRA complaint, help someone else with theirs, or otherwise stand up for these rights, your employer cannot punish you for it, whether or not you have served yourself.

Where to get help, and where to verify this

If you hit a wall with an employer over your service, you do not have to figure it out alone or pay a lawyer to start. DOL VETS has representatives in every state, plus Puerto Rico and the U.S. Virgin Islands, whose job is to help with USERRA problems at no cost to you. That is the first call to make.

Beyond USERRA, the Department of Labor's Veterans' Employment and Training Service (VETS) runs job-search and transition programs, and the VA offers career support, including Veteran Readiness and Employment for veterans whose service-connected disability affects their ability to work.

Everything above comes straight from the agencies that run these programs. You can read the federal-hiring rules in OPM's Vet Guide and on the FedsHireVets Veterans' Preference page, and the USERRA rules on the Department of Labor's USERRA page. If a benefit here could change your job search, verify it against those sources first, because the details of your situation decide how the rules apply.