THREE SIGNS of Veteran Discrimination
It’s hard to believe but the brave men and women who serve this country face discrimination when they come home. So much so, that there are new laws this year which added Veteran Status to the list of protected classes under the Fair Housing and Employment Act. This means that anyone who has served, or is serving in the military, including reserves, now has the same protections for discrimination in the workplace. Here Are Three Signs of Veteran Discrimination to look out for:
ONE: The Company says the job has been filled. Unfortunately, many companies either don’t know or don’t care, that all returning veterans must be given their position back when they return from active duty, if they want it. The Uniformed Services Employment and Reemployment Rights Act provides protection for returning veterans from job loss due to military service. The USERRA regulations provide both, that you be given your job back as well as being given the same position and benefits you would have earned by being present as long as it is less than five years.
TWO: Your Company refuses to allow for time off to treat a medical condition Resulted from Military Service. The Family and Medical Leave Act provides veterans up to 26 weeks leave, either continuous or intermittent, so that you can be treated for a serious illness or injury attained during active service. As long as you: Worked a minimum of 1,250 hours in the 12 months preceding the start date of your leave (special qualifications for reservists); your employer has at least 50 employees who work 75 miles or less from the office; and, inclusive of the time you were absent, you have been with the company at least 1 year (consecutive or not).
THREE: Your Boss takes away your earned vacation time. USERRA mandates that veterans receive ANY “benefit of employment” and cannot be stripped due to military service. Your benefits of employment, including any advantage, monetary profit, privileges, gains, status, accounts or interests, are all protected by USERRA. Accordingly, if you would have accrued vacation time for the time you were on service, this vacation time must be given. Additionally, in California accrued vacation time CANNOT expire or be forfeited. If you are a returning veteran and you are facing discrimination, you need experienced representation. Call United Employees Law Group TODAY. We are ready to help.
Photo Credit: Shutterstock/PEPPERSMINT