Location: Ohio
Earlier this year I was fired from my job because I got deployed in the military. I have it in writing that I was fired, “because of your military obligations being longer than 1 month for our LOA policy, your employment needed to be terminated.”
I feel like everyone I’ve talked to thinks this is an easy lawsuit and slamdunk case but I’ve explained my situation to two different lawyers and neither of them wanted to represent me. They never even gave me a reason why just that they were electing to not represent me.
Is there really nothing that can be done and companies can just fire veterans with no consequences? This is a nationwide company too with tens of thousands of employees not some mom and pop business.
Comments
NAL but AGR.
Contact your ESGR Rep.
https://www.esgr.mil/About-ESGR/Contact/Local-State-Pages/Ohio
Try a DOJ attorney
edit: or JAG
Not a lawyer but aware enough to know that being fired or terminated for military deployment is generally illegal under U.S. law.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects service members.
Maybe worth your time to speak with a military lawyer. You can also file through the U.S. Department of Labor, Veterans’ Employment and Training Service (VETS). They investigate USERRA complaints and may escalate to the Department of Justice if needed.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is enforced by the Department of Labor Veterans’ Employment and Training Service (VETS).
You should contact them.
File a complaint with State Labor Department. You could be gone for up to 5 years and they have to hold your position. You just need to find the right attorney. This is a slam dunk based on your details.
You aren’t entitled to the exact same job when you return, employers can bring you back in an equivalent seniority/paying position if they want to, but they must have a position for you when you come back
Get in touch with your JAG office! This is a huge NO NO. And yes it is a slam dunk.
This doesn’t sound like National Guard. Is this for full deployments? Did you sign up for military service AFTER having the job?
Like others said, talk to your chain of command, they’ll get you in touch with legal. They’ll love this slam dunk.
I am a lawyer and I suggest you just keep looking. You’ll find one. I’d also ask the lawyers you talked to why they decided not to take the case — worst they can do is not tell you.
In general, you cannot get fired strictly for a military deployment. However, there could be all sorts of reasons other lawyers decided not to take your case. I shouldn’t speculate but I am going to anyway:
(1) There’s always exceptions… while it’s generally true you can’t be fired for a military deployment, there are also caveats to that, like you being required to give notice for reemployment if you are going to be gone for a certain length of time. Point is: They could have identified some major weaknesses in your case, or some very strong defenses the business may have had. That’s why I think you should ask them. If they did identify weaknesses, that would be critical information to know when you approach another lawyer.
(2) It is a pretty niche case. Even for attorneys in employment law, I doubt many of them have much familiarity with USERRA. They could have realized that this will be different compared to their standard my-boss-retaliated-against-me-for-reporting-workplace-xyz or I-was-screwed-out-of-benefits or it-was-an-unsafe-environment case. They may have realized this and decided they get enough work doing their more typical cases. Some lawyers just like to do the same thing again and again.
Userra covered brother here. Played this game with a company once.
No lawyer needed. Call your command and ask for ussera lawyer help.
They will fix this, or, in the extreme, they won’t but the company will be barred from doing any business with the federal govt.
Being a veteran doesn’t matter. Active duty service under a userra covered deployment is what matters.