Sacramento USERRA Lawyer

Sacramento USERRA Attorney

Service members should not have to choose between their civilian jobs and their military service. If you feel that your rights have been violated after you return from service, contact a Sacramento USERRA lawyer to learn more about your options and get the ball rolling on your case. The Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994 prohibits discrimination against members of the armed forces, National Guard, and reserves.

About Asbill Law Group

At Asbill Law Group in Sacramento, we understand and are dedicated to protecting the rights of service members who are victims of abuse in the workplace. We handle all employment law issues with the personal, hands-on, client-focused approach that they deserve. We work to protect your career by negotiating disputes or, if necessary, litigating to hold employers accountable.

Many of our clients are in cases that would be heard in the Sacramento County Superior Court, where most employment and reemployment cases are filed. Our attorneys have handled cases in both state and federal court and have seen firsthand the unique issues that service members face when they return from deployment.

What Is USERRA?

USERRA is a federal law that establishes rights and responsibilities for uniformed service members, their civilian employers, and labor unions. The statute is intended to ensure that persons who serve or have served in the Armed Forces, Reserves, National Guard, or other uniformed services do not lose their civilian job rights when they take time off for their service. It applies to virtually all public and private employers, regardless of size.

Eligible employees have the right to be reemployed in the same or comparable position under USERRA when they return from active duty. They also must be restored to the same seniority, pay, and other benefits as if they had not been on leave. USERRA forbids employers from denying promotions, demoting, or firing employees because of their service.

These protections are available regardless of length of employment, and there is no small business exemption. It is important for anyone who feels that they have been the victim of a violation of Sacramento USERRA laws to understand their rights.

Your Rights Under USERRA

Allegations of discrimination based on past, present, or future service or status appeared in 62% of the complaints that were reviewed.

The Department of Labor evaluated 1,204 distinct cases launched during the fiscal year 2024 following the submission of a VETS Form 1010 claim. The Department of Labor finalized its referral procedures in FY 2024 and passed along 55 cases to the Attorney General, as well as 20 cases to the Office of Special Counsel.

USERRA offers specific protections for those who return from military service to help them in their return to civilian life and prevent discrimination. These rights include:

• Right to reemployment. After your return, you have the right to return to your previous job with comparable pay.
• Protected from discrimination. Legally, you are protected from discriminatory acts based on your service, including hiring, firing, and promotions.
• Benefits. You are entitled to receive the same benefits you had before leaving, including retirement and health benefits.
• Protection from wrongful termination. In most USERRA cases, an employer cannot fire you without a reason within a certain timeframe of your return. This timeframe depends on how long you served.

If you believe any of your rights were violated, a USERRA attorney can help you move forward to make sure that your rights are upheld.

Why Hire a USERRA Lawyer?

Deciding to hire a USERRA lawyer can make a significant difference in the outcome of your case. A lot of times, employers deny that they did any wrongdoing, and sometimes, employees don’t even know that they have been wronged.

Sometimes the violations are subtle, such as suddenly negative performance reviews or restructuring that only affects service members. Sometimes, the misconduct is blatant, such as termination on the day you announce deployment. In either case, legal action may be required to protect your future. When you hire a USERRA lawyer, they can help you understand your rights, collect evidence, file a complaint, and pursue compensation.

FAQs

How Do I Prove USERRA Violations?

To establish a USERRA violation, you need to demonstrate that your military service was a motivating factor in the employer’s adverse action against you. This can be shown through evidence of sudden termination, demotion, reduced hours, denied promotions, or any negative treatment after disclosing military obligations.

Documentation, emails, witness statements, performance records, and inconsistencies in the employer’s explanation can all support the link between your service and the mistreatment.

Who Do You File a USERRA Complaint With?

A USERRA complaint can be filed with the United States Department of Labor’s Veterans’ Employment and Training Service (VETS). VETS will investigate the complaint and try to settle it with the employer. In the event of non-resolution, VETS may refer to either the Department of Justice or the Office of Special Counsel. Many people also opt to deal directly with a private attorney.

How Much Is a Military Lawyer?

Fees may vary based on the complexities of the case, as well as whether you work with a private lawyer or are assigned counsel through the government. Some lawyers work on a contingency basis, where they take fees only if a payout is obtained. Others may bill by the hour or have a flat rate. Some firms offer a consultation first to see what the claim entails, often including a discussion of fees up front.

What Damages Are Available Under USERRA?

Under USERRA, several remedies are available. Remedies are structured to restore the employee to their original status. The employee can receive reinstatement to their former position, along with compensation for lost wages and benefits, and reinstatement of their previous seniority level. Attorney fees and other legal fees may also be awarded in some cases.

Contact Asbill Law Group Today

If you feel your USERRA rights have been violated, you don’t have to face it alone. A Sacramento attorney can assist you by explaining your options, collecting evidence, and standing up for your rights with confidence. Contact us today to discuss your options and find out how the law protects you from discrimination, job loss, and other adverse treatment related to military service.