Modesto USERRA Lawyer

Modesto USERRA Attorney

For members of the US military or state reserves, it is important to know that you have rights regarding your employment when it comes to time for training or active duty. There are federal laws in place to protect your right to be hired, get promotions, and have a job when your military service ends. It is illegal for employers to discriminate against anyone because they are a member of the military, and if this has happened to you, a Modesto USERRA lawyer can help.

The dedicated legal team at Asbill Law Group, APLC, works to protect the rights of employees both in and out of the military. No military service member should be denied leave or other benefits, and with more than ten years of employment law experience, we have the knowledge and resources to give you and your case the one-on-one attention and practical legal advice you need to get a positive result in your USERRA case.

USERRA Explained

The Uniformed Services Employment and Reemployment Act (USERRA) is a federal law that grants certain protections regarding the employment rights of people who have served in the US military. USERRA guarantees that a service member can become employed regardless of a conflict with their military responsibilities. It also states that a person be reinstated with the same status, seniority, and pay as their previous position after a period of military service, given they:

• gave advanced notice of their military service
• were gone from the position for five years or less
• returned to the position promptly after their service
• did not receive a dishonorable discharge

If these conditions are true, an employer is required to restore the person’s job—or a comparable job—and any benefits they would have received if they’d worked for the employer during the time they were in service. USERRA also provides certain other rights, like continuing employer-based healthcare for a time and protections against retaliation or discrimination against a service member who files a complaint under the USERRA provisions.

Employers that violate USERRA in California may receive harsh penalties. Military service members can file a legal claim against employers who fail to comply, and an employer in violation of USERRA may incur fines in addition to paying lost wages, benefits, attorney fees, and litigation expenses. If there is evidence the employer’s violations are proven to be willful, additional penalties may apply, such as contempt orders.

Who USERRA Covers

USERRA covers all categories of military training and service, both voluntary and involuntary, in times of war or peace. This includes current members, veterans, and participants in training for:

• National Guard and Reserves
• The Armed Forces
• ROTC
• Selective Service
• National Disaster Medical System
• The Commissioned Corps of the Public Health Service
• The National Oceanic and Atmospheric Administration
• The National Urban Search and Rescue Response System

California Adds Other Protections

The California Military and Veterans Code extends the protections military service members have under USERRA. This includes provisions for state military reserve and guard members, as USERRA only covers US military service members, and additional rights to paid time off for military obligations. Employers in California have to adhere to both USERRA and the California Military and Veterans Code.

Protecting the Rights of Service Members

If you’ve suffered a job loss, demotion, harassment, denial of military leave, or other adverse actions, a Modesto USERRA lawyer can guide you through filing a complaint and taking legal action if necessary. A skilled attorney is knowledgeable about the complexities of filing a claim, including deadlines and requirements, and can negotiate on your behalf and ensure your case is the strongest it can be to protect your civilian employment rights.

FAQs

How Much Does an Employment Lawyer Cost in California?

The cost of hiring an employment lawyer in California can vary, depending on several factors, including the complexity of the case, the attorney’s experience, and whether the lawyer works on an hourly or contingency basis. Contingency means that the lawyer takes a percentage of the final settlement amount and does not require payment upfront. Be sure to ask your attorney about fees and fee structure in your initial consultation.

What Happens if a Company Violates USERRA?

If a company violates a military service member’s rights under USERRA, the employee can file a complaint with the US Department of Labor, Veterans Employment and Training Service. This government agency will investigate and try to resolve the claim. However, in some situations, a resolution may not be possible, and the employee is entitled to pursue legal action to seek damages against the employer for their wrongful behavior.

Can You Have a Lawyer in Military Court?

Yes, you can have a lawyer in military court, just as you can in civilian court. There are two options. You can have a military defense counsel provided to you for free, or you can hire a civilian attorney. It is essential to have a lawyer who has experience in military law because military law has many nuances and complications that can vary from civilian law.

Is There a Statute of Limitations on USERRA Claims?

No, there is no statute of limitations on USERRA claims. In fact, to protect service members with a reasonable amount of time to assert their rights, states are prohibited from adding a statute of limitations. However, sometimes courts apply a general four-year rule in some cases, so it is important to act in a timely manner because intentional or unreasonable delays may still prevent a USERRA claim.

Your Modesto USERRA Lawyer

At Asbill Law Group, APLC, we are committed to ensuring that the employment rights of all service members rights are preserved by employers in California. Your Modesto USERRA lawyer can review the facts of your case and help you focus on the most important aspects so you can achieve the most positive outcome possible. If you’re facing discrimination or harassment, contact our office right away to discuss your legal options.