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Employment Rights Of Military Members

Employment laws protect the rights of many different groups of individuals based on race, gender, age, disability, religion, and many other factors to work free from discrimination, harassment, retaliation, and wrongful termination. Another group of individuals that has specific employment rights under federal law is members of the United States Military and Reserves.

Military members play an extremely important role in U.S. society. However, if a military member would lose their job or suffer other adverse employment repercussions for getting called to duty, fewer people may be willing to enlist. The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides military members with certain rights, including the right to the following:

  • Be reemployed in the position they would have if they did not serve active duty;
  • Have the same status, pay, and seniority as before their service;
  • Training needed to be able to fully perform in that position;
  • Reasonable accommodations for any disability that resulted from military service.

All of these rights allow individuals to serve in the military while still maintaining a successful career.

Example Of An USERRA Case

News recently surfaced regarding the way the Trump Institute treated an employee after he returned home from active duty. The employee was in the Air Force reserves and he advised about 40 clients about real estate purchases for commission when he was called to serve in Afghanistan. When he returned to home more than a year later, he requested two days off for him to readjust and do household chores. A few days later, the employee received an angry letter from his manager. The manager told the employee that his position with the company was being reevaluated due to his absences and instructed him not contact his clients. He was later terminated and filed a legal claim alleging violations of USERRA. Though the manager insisted that his dismissal was not due to his military absence, the company agreed to a confidential settlement amount.

The above case is only one of many examples of how the employment rights of military members can be violated. Too many veterans return from serving our country to find their job has been taken by someone else and that they now are in a significantly less desirable position–if they have a job at all. In such cases, the veteran has the right to seek compensation for their losses and perhaps to receive a court order for them to have their old job or a similar position.

Discuss Your Case With An Experienced Florida Employment Attorney

Whether you are a member of the military or not, you have the right to be treated lawfully by your employer. If you think your employer has violated any employment discrimination or labor laws, you should not delay in calling an experienced Florida employment lawyer to discuss your legal options. At the law office of Robert S. Norell, P.A., we are committed to protecting the rights of employees and helping them obtain the compensation they deserve, so please call us at 305-405-9243 for help today.

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