If an employee voluntarily resigns to join the uniformed service, does USERRA still apply?

Yes, an employee who resigns employment to serve in the uniformed service may be entitled to reemployment rights and certain benefits under the Uniformed Services Employment and Reemployment Rights Act (USERRA).

Section 1002.88 of the U.S. Department of Labor’s USERRA regulations states that even if the employee tells the employer before entering or completing uniformed service that he or she does not intend to seek reemployment after completing the uniformed service, the employee does not forfeit the right to reemployment after completing service. The employee is not required to decide in advance of leaving the civilian employment position whether he or she will seek reemployment after completing uniformed service. In fact, the employee is prohibited from waiving specific statutory rights under USERRA. As noted in USERRA itself, it supersedes any contract, agreement, policy, practice or other matter that reduces, limits or eliminates in any manner any right or benefit provided under the law (38 U.S.C 4302(b)).