Florida Employment Lawyer Blog

The United States Department of Justice won a bench trial against the Alabama Department of Mental Health after suing on behalf of a servicemember who was denied reinstatement following deployment to Iraq. The Uniformed Services Employment and Reemployment Rights Act (USERRA) mandates that employers reinstatement employees following active duty and prohibits discrimination and retaliation against members of the military. It is rare for a state agecy to violate USERRA, but the court found that the health department did exactly that. The employee was awarded approximately $25,000 and a permanent injunction was issued against the state mandating future compliance with USERRA. The DOJ press release is here.

The blog has previously commended the DOJ for prosecuting these actions. Frequently the financial value of these types of cases is too low for a private attorney to handle on a contigency basis. Sarelson Law Firm has successfully settled similar actions. If you or someone you know is in the military, is about to be deployed, or has any questions about a servicemember's employment rights, contact us today for a free consultation.

Federal and state law protect against discrimination in the workplace against members of the United States active armed forces, the reserves and the national guard. If you're contemplating joining the active military or the reserves, you need to know that in most cases your employer cannot discriminate or retaliate against you for your honorable decision. Employers cannot refuse to hire a reservist because reserve training would interfere with the workplace.

With hundreds of thousands of active, reserve and guard members called to active service to fight in Iraq and Afganistan (and to help in Haiti), it is no wonder why USERRA lawsuits are on the rise. This past week the U.S. Department of Justice settled a lawsuit with prestigious technology company MasTec. According to the press release, MasTec promoted another employee to a position held by an Army reservist while the Army reservist was in active military service. This is illegal -- a member of the military has a right to the same or equivalent position when he or she returns to work from active military duty.

Most USERRA claims go unresolved because many members of the armed forces are unaware of their USERRA rights, are too embarrased or stubborn to do anything about it, or the financial damages are too low for many lawyers to take on the case. The MasTec settlement, worth about $6,000, is a perfect example of a case where liability is clear, but the money is small. (And the Blog commends the DOJ for taking the case!) Contact an experienced USERRA lawyer before you leave for active duty and before your employer has an opportunity to terminate or threaten you. Prevention is the best medicine to avoiding a USERRA problem.