Compensation When You’re Fired because of Your Military Service

Your military service should earn you a place of respect in the workplace.

But what if they fire you because of the time you spent—or will spend—on active duty?

Shameful.

And illegal.

Your employer is required under the federal Uniformed Services Employment and Reemployment Rights Act, USERRA, to hold an equivalent job for you while you’re away serving in the armed forces.

If they fire you because this is inconvenient for them, that’s wrongful termination.

Even if they never inform you they’re letting you go but fail to hold a job for you, that’s a termination for all practical purposes.

You can stand up for your rights and win reinstatement to your job or a monetary settlement to correct this injustice and move on with your life.

The attorneys at Horenstein, Nicholson & Blumenthal can help you protect your career and your future.

We’re proud to help people from Ohio who give to their country through service in the Army, Navy, Air Force, Marines, Coast Guard and National Guard.

Our law firm’s purpose is living up to the words “Helping me, that’s HNB.”

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Signs You’re Facing Wrongful Termination Due to Military Service Discrimination

Your dismissal from your job could be due to discrimination against military service members. Under the USERRA law, employers cannot do any of these things:

  • Refuse to employ you because of past, present or future military service
  • Fail to reinstate you to an equivalent job when you return from duty
  • Demote you after you return to your civilian job
  • Give you a pay cut after you return
  • Deny you a promotion because of military leave time you have taken or will take
  • Fail to provide reasonable training or retraining when you return to your job
  • Deny you any other employment benefits because of your military status
  • Take adverse action against you because of injuries or disabilities you acquired during service

The law requires you to give notice, when possible, that you will be taking leave from your job for military service.

But the obligation is on your employer to respect your service and do their part to support our military service members by preserving your job.

The key to proving your military service discrimination wrongful termination claim is showing that your firing was, in fact, because of your service.

This is when you need an experienced employment law attorney. The attorneys at HNB know what evidence to gather so your claim has the best chance for success.

You can find out more about the kinds of damages your employer may owe you by getting our lawyers to evaluate your case for free.

Get My Free Case Review 
A man in military dress with a prosthetic leg waits by a road with a duffle bag. The Ohio wrongful termination military service discrimination lawyers at Horenstein, Nicholson & Blumenthal can identify when your employer broke the rules

The Ohio military service discrimination lawyers at Horenstein, Nicholson & Blumenthal can identify when your job loss broke the rules.

Steps to a Military Discrimination Wrongful Termination Claim

When you believe you were shut out of your job because of your service in the armed forces, you can take two clear steps to fight back:

1) File a complaint with the US Department of Labor Veterans’ Employment and Training Service (VETS).

2) File a lawsuit in federal court.

Don’t hesitate to do what it takes to protect your rights in the workforce.

At every step, an experienced workplace discrimination lawyer from HNB can help you get the best result so you can move beyond a traumatic job loss.

The attorneys at HNB proudly work for individual workers, service members and military veterans—not for big companies and government agencies.

You sacrifice a lot to serve your country. You shouldn’t have to sacrifice your livelihood, too.

Call HNB Now!  
A man in military dress with prosthetic leg sits at a laptop at a table. The Ohio wrongful termination military service discrimination lawyers at Horenstein, Nicholson & Blumenthal can guide you through a legal claim.

The Ohio military service discrimination lawyers at Horenstein, Nicholson & Blumenthal can guide you through a wrongful termination claim.

Horenstein, Nicholson & Blumenthal can handle your case by phone. Stay home and safe.

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