Military Status Discrimination

At Ryan Employment Law, we are dedicated to fighting against military status discrimination in the workforce. We believe that veterans, who have selflessly served our country, should be the last people to suffer discrimination at work. Military status discrimination occurs when an employer treats an employee or job applicant unfavorably because of their military service obligations.

While it is difficult and shocking to believe that employers would discriminate against employees because the employee is in the military, it does happen, and it is illegal. The last thing members of the military should have to worry about is their job.

The employee may have a claim under the Uniformed Services Employment and Reemployment Rights Act (“USERRA”). After serving, the employee has the right to return to work to the same position with the same pay in same benefits and the same opportunity to advance their career.

USERRA also prohibits the service member’s employer from discriminating against him or her by denying the service member employment or a promotion because the employee is a member of the military.

USERRA protects Army, Navy, Marines, and Coast Guard members. Kentucky is an at-will state, meaning most employees can be fired for any reason or no reason. Upon returning to work, however, service members who were gone for thirty to one hundred and eight days can only be fired for cause during the first six months after returning to work. For service members gone longer than one hundred and eighty days, the service members civilian employer cannot fire the service member without cause for one year.

USERRA also protects employees returning to work after military leave because USERRA entitles service members to the same job status and seniority as before leaving.

To be protected, military members must not have been gone for more than five years, must be returning to a civilian job, and must have informed his or her employer that the employee was leaving for service, unless notice was impossible or impracticable. The service member must not have received any punitive discharge, like an honorable discharge, and the service member must return to work or reapply for work in a timely fashion.