The majority of the American population is proud of what our military members have done and sacrificed for this country. Unfortunately, men and women who serve or have served in the U.S. armed forces can experience discrimination by employers back home.
If you believe that you have been discriminated against based on your military or veteran status in New York, do not hesitate to get in touch with Mahir S. Nisar, Attorney at Law. Our experienced employment litigation attorneys believe our military members are essential to the protection of our nation. Like how you were committed to the best interests of the United States, our legal team is dedicated to protecting yours.
Contact Mahir S. Nisar, Attorney at Law at (646) 760-6493 to learn how we can be of service.
Enacted in 1994, the Uniformed Services Employment and Reemployment Rights Act (USERRA), offers substantial protections to current uniformed service members and veterans of the Army Navy, Air Force, Marine Corps, Coast Guard, Public Health Service Commissioned Corps, Reserves, and the National Guard (federal status).
This act outlaws adverse employment actions based on an employee’s status as an active member or a veteran of the armed forces. Under the USERRA, adverse actions can take a variety of forms, such as termination, demotion, harassment, being forced to resign, being underpaid in comparison to coworkers in similar positions, or being subject to a hostile work environment can constitute improper discrimination if done on purpose. Keep in mind, an employer cannot retaliate against an individual for exercising his/her rights under USERRA.
Additionally, a military employee who has recently completed their service has the right to be reinstated to his/her old job. In order to be eligible for this protection, (1) a person must notify his/her employer in advance about leaving for military service, (2) the service was for five years or less, (3) he/she did not receive a dishonorable discharge, and (4) he/she applied for reinstatement shortly after returning from military service.
The Veterans Employment and Training Service (VETS) is a division of the U.S. Department of Labor which enforces the rules set forth in the USERRA and investigates cases of possible violation. In order to file a complaint for USERRA violations, you must complete Form 1010. VETS will investigate your claim, assess documents and other pieces of evidence, and determine whether or not your rights were violated.
Furthermore, the Employer Support of the Guard and Reserve (ESGR) can provide mediation services to help employer and employees reach a settlement agreement. The ESGR is an agency which informs employers and employees of their rights according to USERRA.
If you have served your country and are now finding yourself the victim of discrimination or harassment, our New York employment litigation attorneys are happy to be of service. We have extensive experience in employment discrimination cases and understand what it takes to be successful.
For more information, contact us at (646) 760-6493 to speak with our legal team.