Helping Members of the Guard and Reserve Assert Their Employment Rights
Under federal law, members of the National Guard and Reserve have certain job protections when their military service affects civilian employment. If you feel your employer has not treated you fairly regarding a military service obligation, it makes sense to talk with an experienced employment lawyer and find out what your legal options are.
At Zatuchni & Associates, we advise and take action on behalf of people who have suffered adverse employment consequences due to service in the National Guard or reserve. Contact us today to learn more about how we can help. We serve clients in New Jersey and New York.
Employment Protections for the Guard and Reserve
The federal law that establishes the employment rights and responsibilities of members of the National Guard and Reserve − and their employers − is called the Uniformed Services Employment and Reemployment Rights Act (USERRA). We are very familiar with this law and regulations put forth by the U.S. Department of Labor.
The law applies to all types of employers, and requires them to allow participation in military service. This does not only cover an employee’s ongoing duty to participate in military training one or two days a month. It also includes reinstatement to an employee’s previous job following a deployment in the Armed Forces, as well as safeguards for seniority, benefits, and any necessary retraining.
Unfortunately, employers are not always as willing as they should be to enable an employee to meet military service obligations. This is where our skilled employment law attorneys can help. You shouldn’t have to lose your job, miss out on benefits, or be denied a chance at promotion just because you had to leave on a deployment to serve your country. We can build a case aimed at showing that your employers’ claims of business necessity for their adverse actions should not carry the day because they violate federal law.
Contact our office to speak to an employee rights attorney about employment protections for military service.