No Parade? Why are veterans facing discrimination.
The Signs of Veteran Discrimination in the Work Place.
This year there will be new laws that have added Veteran Status to the protected list under the Fair Housing and Employment Act. What this means, is that anyone who has ever served or is currently serving in part of the military, this includes the reserves, have the same protected status from discrimination from the work place.
There are three signs of Veteran Discrimination that you should look for:
The Company Stated That the Job Has already been filled.
It is sad to know that most companies are not aware of just don’t care that any returning veteran must be given their position back when they come home from active duty, if they choose that they want to return to their previous job. The Uniformed Services Employment and Reemployment Rights Act helps secure protection for any returning veteran from losing their job due to military service. Regulations from USERRA will give you both, you will be given your job back as well as any benefits and position that you have earned by being there as long as it has been less than 5 years.
Your company states that you are not allowed time off to treat medical conditions caused from military service.
Veterans are allowed up to 26 weeks of leave, either in periods or straight so they can be treated for serious injuries or illness, that was attained during the active service that is provided by the Family and Medical Leave Act. If you have worked at least 1,250 hours in a year that started before the start date of your leave( there are special qualifications for the reserves),your employer has 50 or more employees that work less than 75 miles from the company, and this doesn’t include the time that you were absent, you have worked at the company for more than a year( either nonconsecutive or consecutive), you qualify for leave.
Your Employer removes any of your earned vacation time.
Any veteran that receives any employee benefits cannot have them removed due to military service according to USERRA laws. Benefits of your employment may be any privileges, status, gains, interests, accounts, monetary profit, or any advantage are protected by USERRA. If you have vacation time that is unused, you must be given that vacation time when you return from active service. In California vacation time that has been earned can not be taken away or expire.
If you are a veteran who has recently returned and are dealing with discrimination and you need to be represented by an experienced professional, Call United Employees Law Group. We are glad to help.
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