According to federal law, veterans have the right to be employed in civilian job positions free of discrimination. These protections are in place for individuals who are no longer serving and for members of the active military, including those in the National Guard and the Army Reserves.
In the event of a violation, the employer can be held responsible. Accountability could include a financial settlement and a return to employment. Whether there will be financial damage payments or a job reinstatement or both will depend on the situation. Share the details of your situation with an employment attorney to learn more.
USERRA is One of the Ways to Protect Your Rights
There are many laws in place to protect individuals who serve the country. If you are a veteran, you have certain job protections. When you work with a lawyer, they can guide you through the complaint process and let you know what documentation will be collected to support and strengthen your claim. Legal action could be possible.
For example, the Uniformed Services Employment and Reemployment Right Act
(USERRA) is a protection that is in place. The law is in place to guarantee that veterans and people in active duty situations are able to secure jobs. The law is in place for both positions in government organizations and private businesses. Basically, your military experience can’t be the reason for denying you a job. In addition, pay reductions or a block on promotions due to military service is prohibited.
Working to ensure your rights are protected could include some documentation on your end, letting your employer know you are being deployed in an official way, for instance. But if you have followed all of your workplace guidelines and feel your employer has violated your USERRA protections, stand up for your rites. There could be a path to resolution to your issue within your workplace, through the human resources department. Or, a lawsuit may be necessary.
There are More Options
Even if your situation does not fall under USERRA protections, there are other options depending on the details of the violation. If a person leaves service with a disability, there may be employment protections under other state or federal laws, such as the Americans with Disability Act (ADA).
According to the ADA, employers in Ohio and around the country are prohibited from blocking interviews of potential hires and refusing to hire or promote an individual because they are disabled. This is true if the disability is partial or full, suspected or known. An example of this is employers who discriminate against a veteran because they believe they may have trauma or stress issues. Employers are required, by law, to make good on reasonable accommodation requests as well.
Were you discriminated against because you are a veteran or active duty? Contact the lawyers at Coffman Legal LLC today. We are strong and committed advocates for all Ohio workers and use our experience and knowledge to help you. Call 614-949-1181 for a free and confidential consultation.