#USERRA #MilitaryRights #LegalAdvice
Have you ever heard of someone getting fired for joining the US military? 🇺🇸 It’s shocking and unfair, but unfortunately, it seems to have happened to my brother in Utah.
Here’s the situation: he submitted a leave of absence to enlist in the Army, but his employer terminated him, claiming he wasn’t a team player. 😡 Now he’s left wondering if he can file a USERRA complaint or what steps he should take next.
Here are some key details to consider:
– Brother is going active duty with a year-long LOA
– Being fired resets benefits, seniority, and pension progress
– Employer is a state transit agency
Possible solutions 🤔:
1. Submit complaints to HR and explore legal resources
2. Get in touch with a military recruiter for guidance
3. Advocate for your brother’s rights under USERRA
If you’ve been in a similar situation or have advice to share, please do so! Let’s help my brother and others facing similar challenges. 💪 #SupportOurTroops #MilitarySupport #LegalHelp
https://www.dol.gov/agencies/vets/programs/userra/USERRA-Pocket-Guide#ch2
>Protection from Discrimination and Retaliation
>>Discrimination
>>Section 4311 / 20 CFR 1002.18 – .23
>>Section 4311(a). Employment discrimination because of past, current, or future military obligations is prohibited. The ban is broad, extending to most areas of employment, including:
>>>Hiring
>>>Promotion
>>>Termination
>>>Benefits
>>Persons Protected
>>Section 4311 (a) / 20 CFR 1002.18
>>>The law prohibits discrimination against past members, current members, **and persons who apply to be a member of any of the branches of the uniformed services**.
Your brother needs to inform his recruiter about the situation. They will take damn good care of getting this squared away.
I would ask first to speak to human resources. I’m betting they don’t know of the actual details as to why the employee was fired. If it’s a mom and pop operation, speak to the owner. If still no positive results, file a complaint with the state department of labor.
Oh man, your brothers ex-supervisor effed up. Make a phone call to Utahs dept of labor call the USERRA number here 1-800-336-4590 (opt 1) and inform the recruiter your brother is seeing. They all three have the power to rain hell onto the business, and honestly, that supervisor may have to kiss his job goodbye.
employers can not fire employees for enlisting in the military because of the Uniformed Services Employment and Reemployment Rights Act (USERRA)
I think people are confused, thinking he requested a 4 year leave of absence for military service. But I’m assuming the LOA was just to go through MEPS and take the oath of enlistment. Which I’m fairly certain is still illegal for an employer to take punitive measures.
Important to mention he doesn’t even have to get a lawyer (at least not right away). The employer support of the guard and reserve can help. https://www.esgr.mil
The Army is your Bro’s new Daddy now. He should tell his recruiter, or ask someone at MEPS if he’s at that stage and he’ll be taken care of.
“State transit agency” might be an issue here.
It was 65 years ago, but my father was working for a quasi-state transportation entity, drafted into the Army, did his service, and expected to have his job back when he separated. At the time there was an exception for these kinds of governmental entities where they didn’t have to comply. Law may not have changed