Burke USERRA Lawyer
After fighting through guns and canons, it may truly be frustrating to discover that you can’t go back to your civilian employment anymore. Serving in the military already gave you too much chaos that waging war against your employer may be too tiring already. It is good to know and realize that you can exercise your rights against this type of injustice.
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is a federal law that prohibits workplace discrimination due to an employee’s military service. It provides a wide range of protection for reemployment with a civilian employer after military service. This includes that employers may not fire nor deny any employment benefit to workers upon conclusion of membership in or duties to a uniformed service—or based on their exercise of any right under USERRA.
Law Offices of Kevin Byrnes PLLC will serve you the rights you deserve. Whenever you have been mistreated in the workplace because you’re a veteran, USERRA can be your weapon to overcome this wrong. With our fully equipped Burke attorneys, we will represent you in your USERRA case both before the U.S. Department of Labor and in the federal court. We believe that the legal approach for the protection of a veteran like you is equally honorable as what you have done for our country.
It is, therefore, only equitable to pursue your claims after being fired upon taking military leave, during the leave, or after you return from service. We will be able to help you take the course back to your civilian life. Discriminations that fall under prohibition by USERRA include hiring, promotion, reemployment, or acquiring a company benefit. Our lawyers will explain the law for your better understanding and discuss which of your rights have been violated.
We’ll schedule your free initial consultation right away, so contact Law Offices of Kevin Byrnes PLLC today at (202) 902-8399.
The Rights USERRA Protects
Whether you voluntarily or involuntarily joined a uniformed force, trained, or served in the military, you are under the protection of USERRA. This may include being part of the Armed Forces, Army or Air National Guard, commissioned corps of the Public Health Services, Marines, Coast Guard, or any other service designated by the president during war or national emergency. The following are rights that we’ll help to get imposed upon your arrival to civilian life again:
1. Reemployment Rights
USERRA not only bars discrimination and retaliation, but it also requires companies to rehire or reemploy military personnel from military leave or duty, whether active or inactive. You must give advance notice to the employer before the start of military leave unless it is impossible or unreasonable to do so. This way, you can be rehired by the company.
If you want reemployment under USERRA, you must find it quickly—for less than 31 days after military duty. Depending on the days of military leave, you are given a particular number of days to seek reemployment. You can discuss this with one of our lawyers to identify which situation you are in. If upon return from uniformed service you have injury or illness, USERRA allows up to two years (or longer) to improve your health condition before reapplying for work.
If you fail to or reapply for employment or reemployment after military leave within the allowable period, it does not directly disqualify you to USERRA rights and benefits. However, there are two exceptions. First is that if the collective duration of military leaves of absence reached more than five years, you are no longer protected by USERRA. The second exception is if your employer can prove that it is impossible and irrational to rehire you.
2. Seniority and Benefits Under USERRA
Under USERRA, you are entitled to unchanged seniority and job you’re supposed to have if you haven’t left employment. Seniority still increases despite being away for your military service. So technically, the escalator principle is still applied to seniority and benefits.
Where the employee is not qualified for the position (for seniority) due to serious injury or disability, USERRA requires the company to substantially train or assist you to attain qualifications for the position. USERRA requires the company to either rehire you in a possible position that you are qualified for, or your employer must accommodate the disability or injury which occurred due to your military leave.
Our Burke, VA lawyers can also enforce your USERRA rights to get the same benefits, which include your health care coverage and the pension benefits that await you.
3. Discharge from Employment
If you are a worker in the private sector, then you are an employee at will. This means that you can get fired any time for any reason or no reason at all. Our good news to you is that USERRA offers some protection against at-will terminations. You are also to receive protection from job loss if there are necessary workforce reduction.
If a veteran like you is reemployed after military service, the employer is forbidden from firing you for a period of 180 days—if your military service ranges from 31 to 180 days—or one year if the period of your service exceeded 180 days.
Get this protection from sudden job loss with Law Offices of Kevin Byrnes PLLC now!
Install Your Protective Gears with Burke USERRA Lawyers
Law Offices of Kevin Byrnes PLLC has been a trusted comrade for those who suffered illegal discrimination or retaliation under USERRA. We can deliver your prerogative to allow reinstatement in your job, keep you from lost wages or benefits, and liquidate damages equal to lost wages and benefits due to the above-mentioned violations. We can give a clear-eyed assessment of your civil work possibilities and a meticulous reading of this federal law.
Although USERRA does not have a direct statute of limitations, you must immediately act on the matter to not lose your rights because, like any other legal claims, deadlines should be critically considered. You may pursue an administrative remedy by filing with the Department of Labor or may file a complaint directly in court. But to do the process with utmost technicalities, you must have a reliable and knowledgeable lawyer with you.
Roger Us Now!
We listen to your complaints and understand the depth of your need to get employed after a uniformed service. Our experienced Burke USERRA lawyers will guide you and save you from being unlawfully punished, demoted, or fired by your civilian company.
We’ll schedule your free initial consultation right away, so contact Law Offices of Kevin Byrnes PLLC today at (202) 902-8399.
