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 and Dominick were incredibly helpful throughout the entire process. They got back to me quickly, whenever I had questions, which helped me stay calm during a very stressful time. Rachel was confident in her abilities and knowledge of the labor laws, and she was able to secure a settlement for me. If you ever find yourself in a situation that requires you take action against an employer, I would highly recommend the Friedman Firm. There's no one I would recommend more to be in your corner.
If you are in need of an employment attorney, this is your sign to talk to Rachel and Jamie. Amazing!! They handled my case like the true professionals they are! They stuck to a strategy, even when it seemed like it wasn’t going our way and BAM! We get the outcome we wanted. I couldn’t be happier and I will always return to them if I EVER have an employment issue again. Thank you so much for helping me and my family!
Dedicated! Thorough! Detailed! Professional! Personable! I can keep going with the many qualities Pete and his team have. I highly recommend him!!! You won't be disappointed.
I needed an employment lawyer to work through a non compete. Pete at The Friedmann Firm was listed as one of the three best rated employment lawyers on a local website. I called him in the morning and later that night he was on the case and provided sound council through a very tense negotiation. Don’t take a chance with your career, reach out and get good council. Pete was very responsive every step of the way and delivered positive results. I highly recommend Pete and his Firm!
Rachel was top-notch from start to finish. She was responsible, professional, quick to respond to emails, texts or phone calls. She gives it to you straight, which I prefer! She thinks outside the box and is definitely the dog you want in the fight for you. She does not waste time and immediately dives right in to get the best results she can for you. I would highly recommend Rachel and her firm to anyone who wants to get the job done right, the first time, in a professional, compassionate and decisive manner.
My wife used this firm for a matter she had with her former employer. She could not have been more satisfied with their services. They were timely in responses, courteous, and very thoughtful. This was a difficult process for her and Pete made it so much easier by handling all of the details of her case.
Rachel Sabo of The Friedmann Firm believed in me when no one else did & helped me through every step of my legal process. Very happy with the firm’s professionalism & dedication to my case.
I called them with some questions about my employment and Jamie was very helpful. I didn’t need an attorney to handle a case for me - only to help me navigate an issue I was having at work. She answered my questions and I felt she truly listened to me. I’d recommend this firm to anyone looking for an employment lawyer. Thank you!
Pete resolved issues I was having with my employer in a quick and favorable manner. He is also easy to talk to and understands his clients rights AND needs. You’d do right to call The Friedmann Firm.
I had a terrific experience with Rachel. She handled my case in a very professional manner. She made herself available and always kept me updated. Her knowledge of the law is incredible. She took the time to educate me on the legal processes so I understood what was happening with my case. Thank you Rachel for helping me navigate a most difficult situation. I am so thankful to have had you as my attorney. You have my highest recommendation.