In most states, employment is “at-will,” meaning an employer can terminate an employee for any reason—or no reason at all—so long as the reason isn’t illegal. Many servicemembers assume this means they have no protection if they’re fired or not hired while serving in the Guard/Reserves. But that’s a common misconception. When an employee also serves in the military, the Uniformed Services Employment and Reemployment Rights Act (USERRA) provides specific, enforceable rights that limit what an employer can legally do.

What Is At-Will Employment?

At-will employment means that an employer can end the working relationship at any time, with or without notice, and for nearly any reason—as long as the reason isn’t illegal. Similarly, employees are free to quit at any time without giving a reason. In law school, this concept is often summarized as: “You can be fired for any reason, or no reason at all—just not an unlawful one.” Unlawful reasons include things like discrimination based on protected characteristics (such as race, religion, or sex), retaliation for asserting legal rights, or—as relevant here—military service protected under USERRA.

While most jobs are considered “at-will”—meaning employers can terminate employees at any time, with or without notice, for nearly any reason—that rule has limits. USERRA creates one of those limits. Even in an at-will workplace, an employer cannot fire, refuse to hire, or deny benefits to someone because of their military status or obligations. At-will employment allows termination for many reasons—but not for illegal ones, and discrimination based on military service is unlawful under federal law.

Specifically, USERRA protects servicemembers from being disadvantaged in their civilian careers because of their military obligations. It prohibits employers from taking negative actions—such as refusing to hire someone, denying reemployment after military service, terminating their employment, passing them over for promotion, or withholding job benefits—based on that person’s past, present, or future service in the armed forces.

So, Can an Employer Fire a Reservist at Will?

Only if the reason is not related to their military service.  Here’s an Example of a permissible at-will termination:

A reservist is fired after repeatedly missing deadlines, ignoring client calls, and receiving multiple written warnings about performance. The employer terminates the employee for consistent, documented performance issues unrelated to military service.

This is likely a lawful at-will termination—even if the employee is a reservist—because the firing is based on legitimate, non-military-related reasons.

Now, here is an example of a likely unlawful termination under USERRA:

A reservist tells their employer they need to attend weekend drill and upcoming annual training. The employer responds, “We need someone who’s fully available,” and terminates the employee shortly after.

This is likely a USERRA violation—the employee was fired because of their military obligations, which is illegal regardless of at-will status.

USERRA doesn’t eliminate the at-will employment doctrine, but it does place clear limits on how it can be applied to servicemembers. Employers are still free to make personnel decisions—so long as those decisions aren’t based on a person’s military service. That means an employer cannot legally fire someone just because they need time off for drills or deployment, have recently returned from duty, are seen as inconvenient due to their military status, or are perceived as less committed because of ongoing service obligations. When that happens, the termination isn’t simply “at-will”—it’s unlawful.

If you believe your military service played a role in an adverse employment decision, it’s important to speak with an attorney familiar with USERRA to evaluate your rights.

If you believe your employer has violated your rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA), I offer a complimentary initial consultation to help assess your situation. I take a phased approach to ensure we make the most of both your time and mine, and stay focused on what matters most. Completing the form below provides me with a general understanding of your case in advance—which is crucial, as I may not be the right attorney for your needs. If that’s the case, I’ll let you know upfront rather than take up your valuable time.

Consultations are by appointment only. I’m unable to accommodate walk-ins or unscheduled phone calls, as each case deserves the time and attention it requires.

I know reaching out to an attorney can feel unfamiliar or even intimidating—this is completely normal. The consultation is designed to help us understand the facts of your situation and determine whether your case falls under USERRA. The more detailed and accurate your information, the better I can assess whether I’m able to assist—or whether a referral may be more appropriate.