Washington DC Veterans’ Employment Rights
The Uniformed Services Employment and Reemployment Rights Act of 1994, more commonly known as USERRA, allows men and women in the armed services to reclaim their jobs after being absent for military training or service. According to the Act, servicemen and women must be allowed to reclaim their previous positions with the exact same pay and status where they would have been if they were not on active duty. It also protects servicemembers who have been absent from the job for more than 180 days from being fired without just cause.
If you are a member of the armed services and believe that your USERRA rights were violated by your employer, you may be able to file a claim in court or with the Veterans Employment and Training Services (VETS). A diligent and well-versed employment attorney from the Spiggle Law Firm could further explain your Washington DC veterans’ employment rights.
Qualifying for USERRA Protections
USERRA covers virtually all servicemen and women, including those who serve part-time and those on probation. It also applies to nearly all U.S. employers, regardless of size. To qualify for USERRA protections, a person must:
- Be absent from employment due to active service for more than 30 days
- Give advance written or oral notice of service to an employer unless doing so is unreasonable or impossible
- Return to work from active duty service within five years
- Report completion of service to their employer in a timely manner
- Be discharged under honorable conditions
If a person is protected under USERRA, their employer cannot categorize them as terminated or force them to use accrued vacation leave during their absence. They also cannot deny them medical coverage or overcharge for premiums. For help with advocating for your Washington DC veterans’ employment rights, it is best to enlist the services of a skilled attorney who is familiar with this area of law.
Benefits of USERRA
There are three primary protections under USERRA. The Escalator Principle states that eligible servicemembers are entitled to placement in the escalator position, which is the position they would have been eligible for had they not been away for military service.
Conversion to Just Cause Employment means that those reemployed after a period of military service lasting more than 30 days are entitled to protection from discharge without cause. Additionally, antidiscrimination clauses make employer discrimination on the basis of past military service, current service, or intent to serve unlawful and may create liability for business owners who participate in this illegal behavior.
If a person is fired after returning from a service period of less than 30 days, they may file an employment retaliation lawsuit or a discrimination claim against their employer with the help of a compassionate and driven attorney. A local legal representative from our team could help an aggrieved worker stand up for their Washington DC veterans’ employment rights.
Let an Attorney Help You Assert Your Washington DC Veterans’ Employment Rights
As a veteran, you should never have to worry about the status of your job while you are actively deployed. Unfortunately, your employer may not share this view. Fortunately, there are legal professionals willing to fight for your Washington DC veterans’ employment rights and get you the justice you deserve. Get in touch with our firm today to learn more, or use our online case assessment calculator to learn the value of your case.