Articles Tagged with California military status discrimination

While the Army is preparing dedicated men and women to be brave and strong and defend our country, it does not prepare them for one terrible challenge no one wantsmilitary status discrimination to face: losing their job. Even worse is when military status discrimination is suspected to be the cause of the dismissal.

This brings us to Austin, Texas, home of a nonprofit technology company currently being sued on allegations it wrongfully fired an Army Reservist in 2016 shortly after he returned from fulfilling military obligations as a result of him completing those duties. The U.S. Justice Department, who filed the lawsuit jointly with the U.S. Attorney’s Office for the Western District of Texas, says this is in direct violation of the Uniformed Services Employment and Reemployment Rights Act. This act, U.S. Code, Chapter 43, Part III, Title 38, states that “a person who … has an obligation to perform service in a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation.”

The employee was a lieutenant colonel who had served in the Armed Forces for 22 years. The lawsuit, filed in U.S. District Court, Western District of Texas, Austin Division, is seeking an amount equal to lost wages and benefits for plaintiff.

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The federal government has filed a lawsuit alleging a major airline company breached a pilot’s employment rights by refusing to provide sick leave when he was called to serve on active duty for the U.S. Air Force. airforce

The Air Force Reservist, a lieutenant colonel, reportedly sought to use some of his sick leave to compensate for the time he had to take off work during his deployment from December 2012 to March 2013. According to the U.S. Justice Department, United Airlines Inc., based in Chicago, refused to credit the pilot for his leave, even as it extended this benefit and leave time to other workers. This was in direct violation of the USERRA (Uniformed Services Employment and Reemployment Rights Act.

The measure was passed specifically with the goal of making sure members of the military aren’t returning from active duty to civilian life to find they have been deprived of certain employment benefits.  Continue Reading ›

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