Virginia Veterans’ Workplace Retaliation Lawyer
If things were going well at work until you informed your employer that you have a scheduled military duty, you may be able to pursue compensation. It is illegal for Virginia employers to retaliate against any member of the military, but unfortunately, they still do.
If you believe that your employer treated you unfairly in response to an assertion of your military obligations, consult with a knowledgeable veterans’ workplace discrimination attorney at the Spiggle Law Firm. A Virginia veterans’ workplace retaliation lawyer could work to prove the discriminatory nature of your employer’s reaction in court proceedings.
Local Laws Protecting Former Servicemembers
Virginia Human Rights Act §2.2-3901 makes it illegal for business owners in Virginia to discriminate against an employed veteran based on their disability. An employer also may not punish a former servicemember for exercising their right to reasonable accommodations for a disability.
Additionally, Virginia Code §2.2-3903 allows soldiers to file suit against a business owner who wrongfully terminates them on the basis of their service-related condition. Virginia courts may award a veteran up to one year of back pay if they and their attorney can prove their employer’s unlawful motivation for retaliation, as well as up to 25 percent of the compensatory amount as reimbursement for legal fees.
Members of the armed forces who sue their employers under this statute might not be reinstated into their prior position, and they may not receive punitive damages. However, a diligent Virginia veterans’ workplace retaliation attorney could help you understand which laws are most applicable to your circumstances and which legal options present the best chance of success.
Virginia Workplace Retaliation and USERRA
The Uniformed Service Employment and Reemployment Rights Act (USERRA) was enacted in 1994 to protect military servicemembers from unlawful employer retaliation on the basis of their association to the armed forces. Although being a service member does not prevent a veteran from being terminated or disciplined fairly, a business owners may not do so as a method of consequence.
It follows that employers are prohibited from punishing a veteran who either asserts their USERRA rights or files a complaint based on violations thereof. Furthermore, a business owner may not use disciplinary action against a member of the military who temporarily leaves their job for deployment or other obligation.
Financial penalties are an example of retaliatory action which business owners are forbidden from using against former servicemembers. For instance, it is unlawful for a business to withhold a company-wide salary increase from an employee who was deployed for a portion of the year. If you are affected by this kind of mistreatment, a veterans’ workplace retaliation lawyer in Virginia could advocate for your rights to fair treatment.
Contact a Virginia Veterans’ Workplace Discrimination Attorney Today
If you believe that your employer discriminated against you because of your military status or service-connected disability, a local legal professional from the Spiggle Law Firm could help. Schedule a consultation today to speak with a skilled Virginia veterans’ workplace discrimination lawyer about your options.