Military Discrimination (USERRA) Attorneys Columbus, Ohio

The Ohio employment attorneys at The Friedmann Firm feel strongly about helping employees who have been discriminated against because of their military status, a violation of USERRA (Uniformed Services Employment and Reemployment Right Act). We feel strongly that those individuals who serve our country should be treated with the utmost respect and should never face adverse working conditions because of their service. This blog post will go through the basics of USERRA. Other blog posts will follow that will address more narrow issues in detail.

USERRA (38 U.S.C. Section 4312) is a federal law that applies to all employees, in all states. Some states have similar statutes as well. If you’d like to read the actual USERRA statute, please navigate to this page: http://www.justice.gov/crt/military/statute.htm. USERRA laws are enforced by The Department of Labor so you can also visit its website for more information.

Are you eligible for protection under USERRA?

You must have held a civilian job. USERRA applies to virtually all employers- federal, state and private.
You must give prior notice of the military service to the employer. It is not required that it be written notice and notice can be given from the employee or the employee’s responsible officer from his or her unit. There are exceptions, such as “military necessity” where short notice is unavoidable. Your employer must work with you in these circumstances, as they are typically out of your control.
Your military service cannot exceed a period of five years. The five year limit is cumulative but restarts every time the employee switches civilian employers. Some types of training, such as periodic service or a national emergency do not count toward the five year time period.
Employee must have been performing service in the “uniformed services.” This DOES NOT include state-funded National Guard duty.
Employee’s service must have been under “honorable conditions,” meaning no punitive discharge, no other than honorable discharge, etc.

Basic Protections of USERRA

The basis protections of USERRA ensure that those who serve or have served in the military (Armed Forces, Reserves or National Guard) are 1) that members of military are not disadvantaged in their civilian careers because of their service; 2) are promptly reemployed in their civilian jobs upon their return from duty; 3) are not discriminated against in employment based on past, present or future military service.

Common types of discrimination a member of the military could face are the following: denial of initial employment application, reemployment, termination, demotion, denial of a promotion or any other employee benefit because of membership, application for membership, performance of service or obligation of service in the military.

What To Do

If you believe you have been discriminated against based on your military status, please contact one of our Columbus military discrimination lawyer, who would be happy to speak with you. We believe strongly in the rights of our veterans! Thank you for your service.

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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.

Steven Caldwell

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a month ago

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!

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2 months ago

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.

Steve Barber

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5 months ago

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!

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8 months ago

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.

Jack Harris

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3 months ago

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.

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3 months ago

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.

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6 months ago

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!

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4 months ago

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.

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9 months ago

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.

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Military Discrimination (USERRA) Attorneys Columbus, Ohio

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