Best Military Discrimination Lawyer Answers: Am I entitled to promotions in my civil job while serving in the military? Should I get raises at my civil job even when I am called up for active duty? How does USERRA employment laws work? What is the best way to find a top Ohio USERRA attorney?
Today, on Memorial Day, we should recognize everything that our military service members do to protect our country and keep us safe.
The Uniformed Services Employment and Reemployment Rights Act (“USERRA”) is the federal employment law that gives military service members’ certain employment rights when returning from protecting and serving our country. USERRA provides these rights to service members in the Army, Navy, Air Force, Marines, Coast Guard, and Public Health Service Commissioned Corps, as well as members of the National Guard Reserves.
Most people understand that USERRA makes it unlawful to discriminate against service members and unlawful to retaliate against employees who report or complain about military status discrimination. This means that any service members has given their civil employer advance notice of military service that does not last more than five years must be reemployed upon timely reporting back to the civil employment job after receiving an honorable discharge or other non- punitive discharge from the service.
Unfortunately, many employers overlook the USERRA’s “escalator” principle, which requires that a returning service member be reemployed in the job or position that such service member would have attained but for his or her military service. This applies to seniority, status, pay rate, and any other rights and benefits determined by seniority. Thus, civil employers must provide honor promotions, raises and other benefits military service members would have otherwise received had they not been called into service.
Let’s look at a recent example of military discrimination. James D. Tuten worked 18 years as pilot for United Airlines. During those 18 years, Tuten was called up for three tours with the Air Force in 2006, 2009 and 2010. When Tuten was on leave from United for military service, United made contributions to Tuten’s retirement account based on a calculation using the minimum monthly flight hours required pursuant the contract between United and its pilots. When the pilots questioned why their pension payments were greatly reduced during deployments, United declined to provide its basis for calculations. So, Tuten filed suit arguing that military service members were entitled to contributions totaling the average of their previous 12 payments prior to deploying. To its credit, United did not retaliate against Tuten, who is still employed at United.
After U.S. District Judge William J. Martinez in Colorado certified a class of 1,160 United pilots that served in the military between 2000 and 2010, United agreed to settle the claims for $6.15 million.
If you have been fired, discriminated against, demoted based on your military service, be it for the Army, Navy, Air Force, Marines or National Guard; or even think that you might need an employment lawyer, then it would be best to call the right attorney to schedule a free and confidential consultation at 866-797-6040. If you have been wrongfully terminated or fired for any reason within one year of returning from serving in the United States Armed Forces, you may have a claim. Do not wait. Call the right attorney now. You have protected us. Let us protect you. Spitz, The Employee’s Law Firm and its attorneys are experienced and dedicated to protecting employees’ rights and solving employment disputes.
The materials available at the top of this page and at this employment law website are for informational purposes only and not for the purpose of providing legal advice. If you are still asking, “How do I get reinstated after serving in the U.S. military (Army, Navy, Air Force, Marines or National Guard)?”, “What should I do if I was fired while serving in the military?” “My boss discriminated against me because …” or “I was fired within a year of returning from he U.S. military (Army, Navy, Air Force, Marines or National Guard)? What should I do?” — It would be best for to contact an Ohio attorney to obtain advice with respect to any particular employment law issue or problem. Use and access to this employment law website or any of the links contained within the site do not create an attorney-client relationship. The legal opinions expressed at or through this site are the opinions of the individual lawyer and may not reflect the opinions of Spitz, The Employee’s Law Firm, Brian Spitz, or any individual attorney.