Military Members/Veterans and Employment Law Violations
American troops are proud for what they stand for, fighting for our country’s rights. Unfortunately the story isn’t so sweet upon their arrival back to the states. Many veterans come home, struggling to find careers in order to make ends meet. The process is difficult as employers often aren’t fond of the idea of having a veteran work for them. If you have experienced veteran and military status discrimination, contact your California employment lawyer for a consultation. Check out these common signs of discrimination against veterans.
1. An employer claims the job is no longer available.
The Uniformed Services Employment and Reemployment Rights Act protects returning veterans from job loss due to their military service. If you held a position before deployment, many employers don’t realize that returning veterans have the right to return to their previous job.
2. The employer has no desire to hire veterans
Unfortunately some employers fear that military members will be re deployed missing a significant amount of days. USERRA explains that employers cannot refuse to hire a military service person because of their status.
3. The employer takes away accrued vacation time.
USERRA protects any benefits or vacation time accrued while in service. In other words you are still entitled to vacation time as if you were working there.
Under President Obama’s Veterans Opportunity to Work (VOW) to Hire Heroes Act of 2011, harassment against military service members or veterans is illegal.
5. Discrimination Against Disability.
There are cases when veterans come home with disabilities acquired while in combat. Under The Americans With Disabilities Act, disability discrimination is illegal. This includes demotion, firing, and refusing employment. According to the act, “if a veteran can perform all the duties of the job with a reasonable accommodation, the accommodation must be provided.”