USERRA Lawyers Defending the Workplace Rights of our Members of the Armed Forces
The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) (38 U.S.C. § 4301-35) prohibits employment discrimination against employees with past, current, or future armed forces obligations. USERRA provides employee rights such as reinstatement of employment after honorable completion of armed services duty. Employers also have obligations to post or otherwise disseminate USERRA information. If a supervisor performs an act motivated by antimilitary animus that is intended to cause an adverse employment action, then the employer may be liable under USERRA. Our lawyers believe that employment discrimination against members of the armed forces must be staunchly opposed.
At Rathod | Mohamedbhai LLC, our team of trial attorneys has successfully represented members of the armed forces against unlawful employment discrimination. Rathod | Mohamedbhai LLC’s Siddhartha Rathod was a Captain in the Marine Corp. Under USERRA, employees must show that their military status was at least a motivating or substantial factor in the employer’s action. The motivating factor requirement does not suggest that an employee’s protected status as a past, present, or future armed services member must have been the sole cause of the negative employment action. We will investigate your matter to ensure that your employment rights were not violated because of your armed services status.
National Defense Authorization Act (“NDAA”) Employee Rights Attorneys Protecting Your Rights
In 2008, the NDAA amended the Family and Medical Leave Act of 1993 (FMLA) to permit a “spouse, son, daughter, parent, or next of kin” to take up to 26 workweeks of leave to care for a “member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.” We have extensive experience litigating employees’ rights to medical leave in order to care for their loved ones. We work with medical and armed forces experts to assess the facts of your employment matter and to vigorously defend your civil rights.
Contact Our Wrongful Termination and Employment Law Attorneys