Stockton USERRA Lawyer

Stockton USERRA Attorney

Members of the U.S. military or California State Reserves have important rights regarding how their full-time jobs are impacted by their service training or active duty. The federal government has several laws to protect service members’ right to be hired, get promoted, and have a position with their employer when their military service ends. Discrimination based on military service is unlawful, and if your employer violated the law, a Stockton USERRA lawyer can help.

California Service Members

With its large population, location on the coast of the Pacific Ocean, and strong defense industry, it may not be a surprise that California is home to many workers who are currently or have previously been in the military. There are:

• About 156,420 active-duty military personnel in the state, including the Army, Navy, Air Force, Marines, and Coast Guard
• More than 50,000 Californians as members of the Selected Reserve
• More than 9,150 veterans living in Stockton

While there is not a military base in Stockton, service members may participate in training or other obligations at several nearby military facilities. The Tracy Defense Depot is only a short drive from the Stockton Metropolitan Airport, and Travis Air Force Base and Camp Parks Reserve Forces Training Area is only about an hour away.

USERRA 101

The Uniformed Services Employment and Reemployment Act (USERRA) is a federal law that provides protection to people who have served in the U.S. military regarding their employment rights in the private sector. One significant provision is that conflict with the worker’s responsibility to the military cannot prevent the service member from getting a job or being reinstated to their job with the same status, pay, and seniority once they complete their service.

The worker does have some responsibility. In order to qualify to be reinstated, a service member has to follow certain guidelines, including:

• give advanced notice of their military responsibility
• be gone from the position for no more than five years
• return to the position right away after their service ends
• not receive a dishonorable discharge

As long as these conditions are met, an employer is legally required to give the worker their old job or a comparable job, as well as any benefits they would have received if they had been working for the employer during that time. This also includes protection against retaliation and discrimination for filing a complaint and certain guarantees related to employer-based healthcare coverage.

What USERRA Covers

USERRA applies to all military service and training, both voluntary and involuntary, like active duty, training, and fitness exams. The services covered by USERRA include:

• All U.S. Armed Forces (Army, Navy, Air Force, Marines, and Coast Guard)
• The Reserves for any of the Armed Forces
• The National Guard and Air National Guard
• The Commissioned Corps of the Public Health Service
• The National Urban Search and Rescue Response System
• The National Oceanic and Atmospheric Administration
• Selective Service
• ROTC
• Any other group designated by the President during war or national emergency

Penalties for Violations

A service member’s right to obtain and keep their employment is essential, and when those rights are violated by an employer, the worker has the right to file a legal claim for lost wages and benefits, other financial damages, attorney fees, and court costs. In addition, employers who violate USERRA may face fines, contempt orders, or other penalties, especially if their actions are proven to be intentional.

California Military and Veterans Code

In addition to USERRA, California employers have to comply with the California Military and Veterans Code. This law adds extra employment rights for service members in California, such as extending rights to state military reserve and guard members and adding provisions for service members to receive a certain amount of paid time off for military responsibilities, in addition to keeping their jobs and benefits.

FAQs

How Much Does an Employment Lawyer Cost in California?

The cost of hiring an employment lawyer in California can vary, depending on the complexity of the case, the experience of the attorney, and whether the case can be resolved through negotiation out of court or has to go to trial. Make sure to ask your lawyer about their fees, fee structure, and payment expectations in your initial consultation, along with any other questions or concerns you have about the process.

How Do I File A USERRA Complaint?

You can file a USERRA complaint online with the branch of the military your service is with, such as the U.S. Department of Labor, Veterans Employment and Training Service (DOL-VETS), or Employer Support of the Guard and Reserve. A qualified USERRA lawyer can also help you navigate the complaint process, prepare and file paperwork, and work effectively with the investigating agency.

Does USERRA Have a Statute of Limitations?

USERRA does not have a statute of limitations and specifies that no state can add a statute of limitations. However, depending on how long your absence from the job was, there may be deadlines under USERRA for reporting back to work.

When you have been gone a month or less, you have the travel time plus 8 hours of rest. For an absence of one to six months, you have 2 weeks after your service is complete to contact your employer. When you return after more than six months, you have 90 days to contact the employer.

Can I Get a Lawyer Through the Military?

The military may be able to offer free legal advice for simple cases. However, a military-provided lawyer may not be the right choice for more complicated cases, such as those involving discrimination or lost wages, as they typically don’t represent service members in court against a private employer. In addition, USERRA often requires cases to be held in federal court, which is beyond their scope.

Defending Veterans’ Reemployment Rights

The experienced and compassionate legal team at Asbill Law Group, APLC, focuses on employment law, and we are dedicated to helping veterans and other service members protect their employment rights in California. Your Stockton USERRA lawyer can help ensure the most favorable outcome possible in your case. If you’ve faced discrimination, harassment, or job loss due to your military service, contact our office right away to discuss your case and options.