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What to Do if a Civilian Employer Does Not Honor Your Military Obligations

Written by AskTheLawyers.com™

What to Do if a Civilian Employer Does Not Honor Your Military Obligations

Written by AskTheLawyers.com™

AskTheLawyers™

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Over 1.3 million citizens are serving in the United States military, both active duty and reserves across all branches of the military. These men and women undergo extensive training and dedicate their lives and time to the safety of this country. While this seems like a choice that should be honored, many civilian employers and individuals neglect to abide by rules set in place specifically to protect members of the United States military.

One of the most common issues military members experience is a lack of cooperation from civilian employers.

This lack of cooperation typically occurs regarding military obligations such as deployments and military training events which may require them to leave their civilian job for a given period of time. Upon returning from a deployment or training event, many service members find that their jobs have been given away, hours decreased, or they have been passed over for an annual promotion. These are all actions on the part of civilian employers that directly violate the Uniformed Services Employment and Reemployment Rights Act (USERRA).

Over 800,000 military service members are in reserve units, which means they likely work a civilian job in addition to their part-time military job.

Military personnel working civilian jobs deal with frequent concern regarding the stability of their civilian positions and fear over retaining their position when they are called away for annual training and military schools, not to mention mandatory deployments. The men and women who are brave enough to risk their lives and dedicate themselves to the protection of their country should not be rewarded for their sacrifice with uncertainty regarding their career and income.

The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits discrimination against persons due to military service.

The USERRA applies to past and present members of the uniformed service, individuals who have applied for membership in the uniformed service, and those who are obligated to serve in the uniformed service. If you qualify for USERRA, a civilian employer is not allowed to deny you initial employment, reemployment, retention of employment, promotions, or benefits of employment including sick leave and paid-time-off due to your military service obligations. The protections of this act extend to anyone assisting in the enforcement of this act (i.e. testifying in court or making an official statement), regardless of the assistant’s military status.

Any civilian employer who fails to abide by the rules of the USERRA is subject to a lawsuit.

The law regarding civilian employment of non-career military members is that any member of the military has the legal right to be free from discrimination and retaliation as a result of their service under the United States government.

If a civilian employer does not honor your military obligations, first notify your command.

Most often a commander or legal officer will be able to provide you with prompt and effective assistance in resolving a disagreement or attempt at discrimination between you and your employer. If your commander is unable to resolve the disagreement, you can contact Ombudsmen Services at ESGR National Headquarters both by phone or over their website. While Ombudsman cannot provide official legal counsel, they can provide general mediation assistance and may be able to further educate your employer on the laws surrounding your civilian and military employment. If the problem persists, you may be eligible to file a lawsuit against your employer and should seek legal counsel to find out what your rights are.

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