In any action or proceeding the court may award relief as follows:
(a) The court may require the employer to comply with the provisions of the Act;
(b) The court may require the employer to compensate the individual for any loss of wages or benefits suffered by reason of the employer's failure to comply with the Act;
(c) The court may require the employer to pay the individual an amount equal to the amount of lost wages and benefits as liquidated damages, if the court determines that the employer's failure to comply with the Act was willful. A violation shall be considered to be willful if the employer either knew or showed reckless disregard for whether its conduct was prohibited by the Act.
(d) Any wages, benefits, or liquidated damages awarded under paragraphs (b) and (c) of this section are in addition to, and must not diminish, any of the other rights and benefits provided by USERRA (such as, for example, the right to be employed or reemployed by the employer).
Notes of Decisions
Cited in
13
cases (
7 in the last 5 years), 2013–2025 · leading case:
Mace v. Willis, 259 F. Supp. 3d 1007 (D.S.D. 2017).
Mace v. Willis, 259 F. Supp. 3d 1007 (D.S.D. 2017).
· cites it 2× “Remedies available for violations of USERRA include: (1) injunctive relief, (2) lost wages or benefits suffered as a result of the USERRA violation, and (3) liquidated damages in an amount equál to the amount of lost wages or benefits if the employer’s violation was willful.”
Thomas Harwood, III v. Am. Airlines, Inc., 963 F.3d 408 (4th Cir. 2020).
“” 20 C.F.R. § 1002.312 (c). Thus, for example, if an employer ignores an employee’s request for reemployment or fails to attempt to comply with the law, the employer’s actions might be willful.”
Hayden v. Dep't of the Air Force, 812 F.3d 1351 (Fed. Cir. 2016).
“§ 4324 ; 20 C.F.R. § 1002.312 ). Discussion The scope of our review in an appeal from a decision of the Board is limited.”
Kieshia Mace v. Corey Willis, 897 F.3d 926 (8th Cir. 2018).
“" 20 C.F.R. § 1002.312 (c). Because the district court's finding of willfulness was not clearly erroneous, Mace is entitled to liquidated damages.”
Davis v. Crothall Servs. Grp., Inc., 961 F. Supp. 2d 716 (W.D. Pa. 2013).
“USERRA provides that the “court may require the employer to pay the person an amount equal to the amount referred to in subparagraph (B) as liquidated damages, if the court determines that the employer’s failure to comply with the provisions of this chapter was willful.” 38…”
Stitsworth (N.D. Ind. 2025).
· cites it 2× “§ 4323 ; 20 C.F.R. § 1002.312 . The only properly triable issues here are (1) whether Mr.”
Tole v. Amazon.com Inc (W.D. Wash. 2022).
“” 20 C.F.R. § 1002.312 . Considering the same term in the 2 context of the Age Discrimination in Employment Act, the Supreme Court has defined “willful” 3 to mean that “‘the employer either knew or showed reckless disregard for the matter of whether 4 its conduct was prohibited…”
Tole v. Amazon.com Inc (W.D. Wash. 2023).
“” 20 C.F.R. § 1002.312 . 6 Considering the same term in the context of the Age Discrimination in Employment Act, the 7 Supreme Court has defined “willful” to mean that “‘the employer either knew or showed reckless 8 disregard for the matter of whether its conduct was prohibited…”
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