Members of the United States’ armed forces are guaranteed special workplace protections under federal law. However, some employers violate these protections and the rights of their employees.
If you are a servicemember who has faced retaliation for taking military leave or termination upon returning to active duty, you may benefit from the assistance of a well-versed FMLA attorney. A skilled St. Louis military leave lawyer could help you obtain compensation and reinstatement of your position.
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) gives employees who are returning veterans or other services members the right to return to prior employment. Specifically, employees who have served in the Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard, or any other category of service during times of war or national emergency are all protected under USERRA.
When you leave your civilian job for military service, you are entitled to return to the same job with accrued seniority if you’ve satisfied USERRA’s requirements. Furthermore, employers must offer reasonable accommodations for injuries suffered or aggravated during service. Failure to do is a violation of federal law. These accommodations must be made to allow the injured party to continue their former work. When accommodations aren’t practicable, the company must find you a comparable position.
In addition to ensuring reemployment after serving in the military, USERRA prohibits employers from discriminating against employees due to their affiliation with the US military. Employers may not fire, refuse to hire, or deny employees workplace benefits because of their military duties, membership in the services, or membership application.
Employers are explicitly prohibited from retaliating against employees who file a complaint under USERRA, participate in an USERRA proceeding, or exercise any other rights under USERRA. If you experienced retaliation for filing a complaint under USERRA, you may benefit from the legal counsel of a well-informed military leave litigator.
Successful civil cases offer employed servicemembers who have been subjected to workplace discrimination or retaliation a variety of legal remedies, including:
Speaking with a St. Louis attorney may be beneficial for people who have attempted to take military leave or file a complaint and received illegal backlash as a result.
All civil claims are subject to the state’s statute of limitations, which is designed to promote the timely collection of evidence. Although USERRA does not contain a statute of limitations, some courts have adopted a four-year statute of limitations for cases related to military leave.
Deadlines are critical for any legal actions, and employees who wait too long may forfeit their rights. For this reason, it is advisable to reach out to an attorney who has successfully litigated cases like yours in the past.
Don’t allow your employer to violate your federally guaranteed rights as a servicemember. Let a St. Louis military leave lawyer fight on your behalf. Call our office to schedule a consultation today.