Merced USERRA Lawyer

Merced USERRA Attorney

When you’re called into military service, you shouldn’t have to worry about losing your civilian job. The Uniformed Services Employment and Reemployment Rights Act (USERRA) makes sure your position isn’t jeopardized. A Merced USERRA lawyer from Asbill Law Group can protect the rights of service members facing workplace discrimination or unlawful job denial.

What Exactly Is USERRA?

USERRA is a federal law aimed at safeguarding employment and reemployment rights for those serving in the U.S. military services. It prevents service members from being disadvantaged in their civilian careers due to military obligations.

USERRA applies to almost all employers in the U.S., regardless of their size. It covers private businesses, government agencies, and educational institutions. The law protects full-time, part-time, probationary, and seasonal employees.

The three primary rights guaranteed by USERRA are:

• Reemployment rights after military service
• Freedom from discrimination for military obligations
• Protection from retaliation for exercising rights under the statute

Asbill Law Group can assert their clients’ rights. Our team can navigate any complexities that arise if an employer fails to comply with USERRA requirements.

Who Is Protected by USERRA?

USERRA protects the following uniformed service members:

• Marine Corps
• U.S. Army
• Air Force
• Navy
• Space Force
• Coast Guard
• Army National Guard
• Air National Guard
• National Oceanic and Atmospheric Administration (NOAA)
• Commissioned Corps of the Public Health Service
• Other categories designated by the U.S. President during national emergencies

Service members receive USERRA protection on active duty, in training, and while undergoing fitness-for-duty exams. The law also applies to voluntary military service, not just mandatory deployments.

California is home to the largest number of active-duty military personnel in the U.S., with over 180,000 service members. The state also supports over 56,000 reserve forces and 7.5% of the nation’s veterans. With major installations in the Sacramento area, such as Beale Air Force Base and Travis Air Force Base, the area has a critical role in national defense. This makes it even more important to protect our military populations under federal and state law, including USERRRA.

USERRA Violations

In some cases, employers do not follow all the rules of USERRA. Some of the most common violations include:

• Termination shortly after reemployment. USERRA includes a period of protection against termination without cause.
• Refusing to reemploy returning service members. An employer may claim that the position is no longer available or has been eliminated. USERRA requires that service members be reemployed at the same or a comparable position.
• Demotions or loss of seniority. Returning service members must be reinstated to the same seniority status they held prior to being called to service.
• Retaliation for asserting rights. If you file a complaint with the USERRA, any retaliation from your employer is considered unlawful.
• Discrimination in hiring or promotions. Employers can’t make hiring, promotional, or retention decisions based on a person’s military service, whether it’s past, present, or future.

If you’re facing any of the above scenarios, the Merced USERRA lawyers of Asbill Law Group can advocate for you. We hold extensive experience in representing service members, veterans, and National Guard members in disputes against their civilian employers.

Veterans Reemployment Rights and Requirements

USERRA reemployment rights apply when you give your employer advance notice of your military service unless this becomes impossible or unreasonable. Your military services cannot exceed five cumulative years with that employer, although some exceptions may apply. You’ll also need to return to work within a reasonable amount of time after your service.

If conditions are met, your employer must reinstate you with the same status, seniority, and benefits you would have accrued if you hadn’t left for service.

Remedies for USERRA Violations

If your employer violates USERRA, you may be entitled to the following:

• Reinstatement to your previous job or a comparable position
• Back pay for lost wages and benefits
• Compensatory damages for emotional distress
• Liquidated damages, such as double back pay if the violation was willful
• Compensation for attorneys’ fees and court costs

At Asbill Law Group, we aggressively pursue maximum compensation and remedies for our clients. If negotiations fail, we’re not afraid to take your employer to court to fight on your behalf.

FAQs

How Much Does an Employment Lawyer Cost in California?

Employment lawyers in California may charge on an hourly basis or by contingency. Hourly rates may vary based on the location, the attorney’s experience, and the complexity of your case. For contingency fees, the attorney would charge a percentage of the overall settlement deal. Talk to your attorney during your consultation to get a better idea of their fee structure and payment options.

How Do I Get Advice on California Labor Law?

The California Department of Industrial Relations offers extensive information about labor laws and can answer some general questions you may have. Many attorneys, such as Asbill Law Group, also offer an initial consultation to discuss your case, answer questions, and help you determine if legal representation is necessary to move your case forward.

What Rights Are Protected by USERRA in California?

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects military service members’ civilian rights. Under USERRA, employees can be reinstated to their civilian jobs after military service while maintaining their seniority. They should also receive the same benefits as if they had not left. Employers can’t discriminate against employees based on their military obligations.

What Happens If a Company Violates USERRA?

If a company violates USERRA, it may be held liable for lost wages and benefits. If the violation is willful, the compensation can be doubled. Employees should file a complaint with the U.S. Department of Labor’s Veterans’ Employment and Training Services, or they can pursue a private claim. Results may include job reinstatement, back pay, compensation for legal fees, and continued benefits.

Contact a Merced USERRA Lawyer

Asbill Law Group holds a deep understanding of USERRA and employment law. We offer client-focused representation to meet a range of needs. We take pride in defending those who have defended us and our country. Your job and dignity deserve the same protection.

Our Merced USERRA lawyers fight for the rights of veterans, reservists, and active-duty personnel with respect and determination. Contact us today to schedule a consultation, and let us defend your career.