There are many people in Fresno, Sacramento, Oakland and the Bay Area who serve in the reserves or the National Guard. They may, at any time, be ordered in to active duty and have to leave their jobs and homes to serve their country.
While one would hope that California employers would applaud this sacrifice, it is a sad fact that many employers have little regard for military workers when it comes to protecting their profits. As such, they may see servicemembers as a potential burden on their business and try to get rid of them should they be called to active duty.
As part of our commitment to representing California employees, our law office helps military members protect their rights and their jobs when they are called in to active duty. Federal law requires employers to hold the jobs of those who get called in to active military service open, meaning that the soldier or sailor who is returning to civilian life must get their position, or an equivalent position, back.
They must also keep their seniority and be considered in the same manner any other employees who were not part of the military are. Additionally, even if the employees are otherwise at-will, soldiers coming back from duty may only be terminated for good cause for the first 12 months after their return.
We have helped many soldiers and sailors advocate for their rights to keep their livelihoods while serving their country. If you feel that you have been the victim of employment discrimination because you are a member of the reserves or the National Guard, legal options may be available to you.