How Veterans Can Protect Themselves From Workplace Discrimination in Ohio
Federal law ensures that veterans have the right to hold civilian jobs and be free from discrimination in the workplace. These federal protections extend to any active duty military personnel, including those in the Army Reserves and National Guard. An employer in Ohio who violate veterans’ rights can be held accountable and may be ordered to pay financial damages to the worker they discriminated against. Reinstatement of employment may also be secured as part of a settlement or civil trial jury award.
Protecting your rights as a veteran often requires partnering with an experienced Ohio employment law attorney. The lawyer will know which laws apply to your situation and will be able to guide you as you prepare formal complaints, collect evidence, and consider your options for settling your claim or moving forward with a lawsuit. An employee rights attorney can also work to prevent or take legal action against retaliation if you are retaliated against for being a member of the military.
Veterans’ Employment Rights Under USERRA
The Uniformed Services Employment and Reemployment Right Act—which is almost always shortened to USERRA (YOU-sara) for obvious reasons—ensures that veterans, reservists and guardsmen can find and hold jobs with private companies or government agencies. The law explicitly prohibits using a person’s past or current military service as the principal reason for denying employment, refusing promotions and benefits, or making assignments and calculating pay.
USERRA also requires employers to accommodate regularly scheduled leave for Guard or Reserves training and to hold jobs for guardsmen and reservists who get called to active duty. When a person returns from deployment, their civilian employer must make every effort to restore the individual to their previous position or to put them into a position with equivalent pay, perks, and seniority.
Employees’ rights under USERRA do not enforce themselves, however. For instance, a guardsman or reservist who gets called to active duty must ensure that their employer receives formal notice of their deployment.
When you suspect your employer is violating your rights under USERRA, the first step is to speak with human resources or a trusted supervisor. Each employer is required to have well-defined procedures for receiving, investigating, and resolving complaints of discrimination against veterans.
If we determine that your employer has violated the law, a lawsuit may be the most logical next step.
Veterans’ Employment Rights Under Federal Disability Laws
Since many veterans leave the military with partial or total disabilities, they often have employment protections under the Americans with Disability Act (ADA) and the Rehabilitation Act. Attorneys with The Friedmann Firm welcome opportunities to advise and represent Ohio workers who experience disability discrimination.
We discuss these issues in much greater detail elsewhere on our website. What is probably most important for veterans to know is that the ADA and the Rehabilitation Act prohibit employers from refusing to interview, hire, or promote workers who have obvious or suspected disabilities. This includes concerns employers may have about “hidden” disabilities such as traumatic brain injuries and post-traumatic stress disorder.
Veterans must also know that employers are bound by law to consider requests for accommodations of disabilities in good faith when employees are fully qualified to do a job but need a change to equipment, scheduling, or supervision. Managers and supervisors cannot dismiss accommodation requests out of hand or penalize workers for requesting accommodations.
Let attorneys at the Columbus offices of The Friedmann Firm know how they can help you address discrimination against you as a veteran. We take appointments for free and confidential consultations online. Call 614.610.9755 to speak with a lawyer directly.
Rachel was absolutely amazing. As an attorney she really took the time to really listen to my concerns. She was honest and kept me informed every step of the way. The outcome was favorable on my behalf and I appreciate her efforts to achieve a good outcome. I would highly recommend her and the Friedmann firm to represent me if ever needed in future.
Working with Rachel Sabo from Friedmann Firm was absolutely amazing! She upholds integrity, honesty and without a doubt fights for what is right! Rachel was extremely transparent and real! Please don’t let wrong be right, Rachel will strive to advocate and put her whole heart in obtaining resolve in your situation! What an absolute blessing, she won my case in less than 1 week💪
My experience with the Friedmann Firm is an absolute 5 stars. From my very first call with Karen, to all of my communication with Rachel, everything exceeded all of my expectations. Rachel and Karen were so caring and understanding in a very sensitive situation. They responded immediately to any questions or concerns I had. I would HIGHLY recommend the Friedmann Firm. They are caring, professional, understanding, and I would trust them with any issue I have in the future.
Rachel and the Friedmann Firm were fantastic to work with. The thought of needing an employment lawyer was scary for me, it was confusing and complex. But Rachel listened, asked questions and took time to really understand me and my priorities. I felt calm, supported and excited for the first time in weeks after talking to her!! We worked together to review everything, set expectations and meet my priorities! Thanks Rachel and team for all your work!!!
Rachel Friedmann of the Friedman Firm was my attorney for a very recent legal matter. I would highly recommend Rachel based on her legal knowledge, her honest appraisal of the matter and expected outcomes, her open communication and timely responses to my questions and the matter itself, and her steadfastness in dealing with the opposing counsel until a final agreement was reached.
Rachel and her staff went over and above the call of duty to help me achieve fiscal resolution to my legal issue. She wasn’t always available to talk but was always responsive via text and email when in court out of the office and even on vacation. I feel she earned her percentage cut.
Couldn’t be happier with the representation I received from Jamie Bailey on my civil litigation case. She worked tirelessly to resolve the case and in the end negotiated a fair settlement on my behalf. I would highly recommend her to anyone! Thanks for everything Friedman law firm.
Friedman Firm was a great help in a difficult time in my life. They went above and beyond to get me back on track. Rachel was so good to work with and is extremely knowledgeable about the law and employment rights. Can't thank them enough for all there hard work. Highly recommend them to anyone.
The Friedmann Firm (specifically Pete Friedmann) represented me through what seemed like a never ending employment discrimination suit. The suit was filed just before Covid shut everything down in 2020. Add to that a former employer who refused to admit fault. In spite of all of that, Pete stood resolute in his representation of me and working for the best outcome for me. We ended up settling prior to trial and I was more than satisfied with the results. Pete was always available to answer questions and reassure me throughout this process. I highly recommend The Friedmann Firm!
Pete Friedmann and his firm are fantastic. He represented me for more than a year going through a suit with a previous employer. He walked me through every step of the process and was always quick to respond to any questions I had. My settlement came in and we parted ways with both sides being pleased with the outcome. I highly recommend the Friedmann firm and wouldn’t hesitate to use them again in the future if the need arose. Thank you, Pete!
Rachel and the Friedmann Firm have been amazing to work with. Rachel was very helpful, listened to our concerns and took our case. She communicated well throughout and really worked for us. We were very well represented!
I loved working with The Friedmann Firm. Rachel and Jamie are exceptional lawyers and were diligent in reviewing my case and letting me know of my options. Jamie was extremely thorough and handled even the smallest details of my case with ease. The entire process was seamless and they were always quick to respond to emails and calls. I would definitely recommend working with The Friedmann Firm.
I would recommend Rachel Sabo Friedmann and the Friedmann firm for severance negotiations. Rachel was always available and responsive and made an effort to ensure I was updated on every step of the process. Her diligent efforts produced a prompt resolution and we are very happy with the results!