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Bryant Whitten, LLP

We stand up for those who serve our country

While people might not think of it when they hear about employment discrimination, it is an unfortunate reality that many members of the armed forces, such as the National Guard the Reserves, may find it very difficult to keep and hold a civilian job on account of their military service.

After all, while employers may pay lip serve to patriotism and doing one's civic duty, the reality is that an employee who has military obligations, especially if they are called to active duty, may be wrongly perceived as a burden on an employer. As such, a California man or woman may return home from service to find that he or she no longer has a job or, at best, is going to face some very difficult circumstances at work.

Under federal law, however, military personnel who serve part time in the Reserves or National Guard are protected from employment discrimination on account of their service. This means that an employer cannot treat the employee differently because he or she is in the Guard or the Reserves, including with respect to promotions and raises.

When it comes to time off, an employer may not force an employee to take vacation for his or her mandatory training. Moreover, if called to active duty, an employee must be allowed to return to his or her old position or, at least, to a comparable position at the same pay grade and rank. As an additional protection, an employer may not fire an employee who has returned from active duty without having good cause to do so, even though California is otherwise an at-will state.

Our law office has a record of assisting those who serve our country when they run in to employers who quite frankly are not being respectful of their military service. We can help California service members if they feel they have been discriminated against at work.

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