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You can try. It is highly unlikely you will be successful. The only defense the government needs is the statement "for the good of the service." Keep in mind, they keep all the records.

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Q: Can you sue the military after you are removed from active duty?
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How do you sue someone because they terminated your job when you went on active duty?

The USERRA protects the rights of veterans and active duty military personnel to civilian employment. The U.S. Department of Labor VETS (Veterans Employment and Training) enforces this law. Contact VETS if you feel that your employer unfairly fired you or did not allow you to return to your job. However, if an employer has truly eliminated a position, they may not have to rehire returning vets. Suppose you work as a chef in a hotel restaurant. While you are on active duty, the hotel closes the restaurant. In that case, they have no obligation to rehire you.


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