Legal Protection For Workers

  1. Home
  2.  » 
  3. Workplace Problems
  4.  » Military Personnel Rights

We Protect The Employment Rights Of Military Service Members

  • Are you getting hassled at work when you have to take weekends off for National Guard drills?
  • Did you return from serving your country only to learn that you no longer had a job?
  • Did you miss out on promotional opportunities while you were on active duty?

Military men and women like you are entitled to special employment protections while you are on active duty and for a year after you return from military service. If you have been busy serving our country, your employer should respect you for your service instead of punishing you for it.

Call 510-464-8073 To Speak To An Attorney

If you are having problems at work, contact experienced employee rights lawyers at Bryant Whitten, LLP, to learn about California military rights. We have locations throughout Northern California.

USERRA Gives You Special Protections From Your Employer

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) prohibits employers from discriminating against you, whether you work for the government or not. While most employees in California are “at will” and can be terminated at the will of the employer, this is not true for men and women like you who are returning from military service. In fact, the law says that your employer must have “good cause” to terminate your employment within the first year you are back from military leave.

USERRA is the law that covers military men and women in the National Guard and Reserves. It requires employers to guarantee the following:

  • You must be reinstated to a job at the same level that you were when you left.
  • You must be treated similarly to other employees who weren’t in the military in terms of promotional opportunities and pay raises.
  • You must be allowed to take time off for mandatory weekend drills.
  • You cannot be required to use vacation time for mandatory yearly training.

Contact Our Discrimination Lawyers Today

If you have a question about your rights as a military service member, such as your right to time off, reinstatement to your same job, equal pay or retirement benefits at your civilian job, contact a military rights lawyer at any one of the Northern California Bryant Whitten, LLP, offices.