Roseville USERRA Lawyer

Trusted USERRA Attorney in Roseville

Active duty military members and veterans who leave their civilian jobs to perform qualifying service in the military have employment rights under federal law. For those seeking a Roseville USERRA lawyer, US law provides you with rights and responsibilities that can help resolve employment issues concerning military absences, reemployment, benefits, and discrimination.

The Asbill Law Group

Asbill Law Group focuses on representing businesses and employees in employment law and business litigation matters. Our attorneys provide practical counsel based on your specific legal issue.

If you have employment questions in Roseville, California, or surrounding communities, we can help you understand your employment obligations and rights under both state and federal law. We represent employers and employees in employment law cases before state and federal courts throughout the Sacramento Valley, including Roseville, Rocklin, and neighboring communities near Interstate 80, Highway 65, and the Westfield Galleria at Roseville.

What Is USERRA?

USERRA stands for the Uniformed Services Employment and Reemployment Rights Act. It is a federal law that protects many civilian employment rights of service members who serve in the uniformed services. USERRA is designed to allow qualifying veterans and service members to serve their country without fearing the loss of their civilian employment. USERRA generally provides legal protections related to:

• Reemployment after military service
• Discrimination based on military service
• Retaliation for exercising USERRA rights
• Employee benefits during military leave
• Restoration of seniority rights

Out of all complaints sent to USERRA, 62% were of alleged military-related discrimination. Of these, 15% were due to improper reinstatement. Depending on the particulars of each case and whether the legal conditions are met, different protections may be available.

Who Is Protected Under USERRA?

The uniformed services include the Armed Forces, National Guard, Reserve components, and select other uniformed services. Active military service may include:

• Active duty
• Inactive duty training
• National Guard
• Reserve
• Funeral honors
• Authorized disaster or emergency response service

Not all military service is protected by USERRA. Eligible service members are those who meet the USERRA eligibility requirements. This includes giving your employer notice of military orders when required, as well as returning to work following military leave in a timely manner.

Understanding USERRA Laws

USERRA is found at 38 U. S.C. §§ 4301-4335 and applies to all employers across the United States. The law provides that employers may not refuse to employ someone, refuse to retain an employee, fail to promote a worker, or refuse to provide employment benefits due to that person’s military service or obligations.

California law also provides protections against employment discrimination due to military service. California Military and Veterans Code § 394 prohibits employers from discriminating against an employee based on their membership or service in the military.

Types of USERRA Claims

USERRA may apply to most employers, including local, state, and federal government employers, as well as private businesses that employ workers. Whether USERRA applies to your particular workplace issue depends on your specific factual circumstances. Examples of USERRA claims include, but are not limited to:

• Employment discrimination due to military obligations
• Failure to reinstate after military service
• Denial of promotion
• Seniority or employment benefit issues
• Retaliation for asserting USERRA rights
• Military leave of absence policies

Every USERRA case presents its own distinct circumstances, necessitating a tailored approach. Contact our office if you have questions about USERRA and your employment rights.

Hire a USERRA Lawyer

You may want to hire a USERRA lawyer before filing a USERRA claim. A Roseville USERRA attorney can assist you with USERRA claims by reviewing your evidence, determining whether your employer followed US law, and explaining your legal options. Employment claims should be evaluated on a case-by-case basis.

Employers in Roseville serve workers in industries like healthcare, retail, logistics, manufacturing, technology, and government. There are military bases, reserve units, and veterans located in and around Sacramento, which means military leave and USERRA issues affect many Placer County businesses.

Employment claims are typically heard in Placer County Superior Court in Roseville, California. The address for Placer County Superior Court is 10820 Justice Center Drive, Roseville, CA 95678.

FAQs

What Are My Rights Under USERRA?

As a service member who meets eligibility requirements under USERRA, you may be entitled to various rights and protections based on your military service. These rights include protection from military-based discrimination, the right to reemployment after qualifying military service, continuing employment benefits, and the reinstatement of seniority rights. A lawyer can help you know what rights you have based on your circumstances.

Can My Employer Deny My Military Leave?

No, covered employers generally cannot deny qualified military leave when an employee exercises their rights to military service protected by USERRA. As long as the employee meets the criteria for military leave under USERRA, they have the right to take that leave. However, an employee must provide advance notice when it is feasible.

What Is the 14-Day Rule for USERRA?

The 14-day rule under USERRA typically refers to applying to return to work after you’ve completed a military tour of duty for a specified length of time. Eligible employees must give notice to their employer within 14 days of completion of service in order to preserve their USERRA rights. Different lengths of service have different deadlines.

Can an Employer Terminate an Employee on Military Leave?

Under USERRA, employers cannot fire employees due to their military service or commitment. However, military leave does not make an employee immune from termination if the employer can establish a legitimate cause for termination that does not violate USERRA, such as layoffs. Each situation must be carefully evaluated. An experienced Roseville USERRA attorney can help.

Reach Out to Asbill Law Group

Employment questions regarding military leave, reemployment rights, and other workplace protections are fact- and law-specific. If you are looking for advice on your USERRA rights or an employer’s legal responsibilities, it’s important to know your options.

Asbill Law Group advocates for employers and employees with employment law issues in Roseville and across the Sacramento Valley. Our lawyers offer realistic solutions based on your unique situation and can help you with issues regarding the military and employment under both federal and California law. Contact Asbill Law Group today to learn more about your rights and to set up a consultation.