WHY DID I GET FIRED? IT IS NOT FAIR!
For a United States’ Military Veteran who has served our country and sacrificed for all of us, including the person that has fired him or her, it is a gut-wrenching experience.
Veterans are protected under the Uniformed Services Employment and Reemployment Rights Act (USERRA), a federal law which prohibits employment discrimination due to military service and protects reemployment rights to those who have returned to the private sector after concluding military service.
Under this law, if you leave a civilian job to serve in the military you may be entitled to return to the same job providing you meet the USERRA eligibility requirements. USERRA protects those who have served in the armed forces, Army or Air National Guard, commissioned corps of the Public Health Services, and other service categories designated by the President.
As a returning service member, you are eligible for reemployment under the following guidelines: you held a job with a civilian employer, you gave advance notice of your impending military service to your employer before leaving, your service was not longer than 5 years (in most cases), you received an honorable discharge, and you applied for reemployment with your civilian employer upon returning. You will then be eligible for the same status, seniority, and pay that you would have gotten if you had not served in the military.
Under USERRA, employers are also required to help disabled employees returning from military service to become qualified to hold the jobs they would otherwise have held if they had not left.
Charles H. Peckham is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization. He has received an AV Preeminent Rating under Martindale-Hubbell’s Peer Review RatingTM system and is AVVO rated as a 10 (Superb). Charles H. Peckham serves on the Texas Pattern Jury Charge Committee for Business, Consumer, Insurance and Employment by appointment of the President of the State Bar of Texas.
Charles H. Peckham is respected by other lawyers and trusted by clients. He has handled many high profile cases that have been reported in the press through the United States, Europe and as far away as Australia. He has appeared on multiple occasions on CNN, TruTV, MSNBC, Fox, PBS radio and local television stations and radio on employment-related matters.
Call today if you need legal assistance in any of the following areas:
YOU MUST MOVE QUICKLY!
In discrimination law, there are very short time limits for you to complain, to bring your complaint to the attention of the EEOC, and to file suit. In overtime claims, there are also short deadlines.
You need counsel now. There are administrative complaints that often need to be made. In some cases, suit must be filed to stop the clock – to preserve your ability to complain and receive damages.