We've all heard about terrible employers prioritizing business profit at the cost of their employees' well-being. To the unsympathetic employer, taking time off means you're not doing work and will sometimes penalize you.
Fortunately, California has comprehensive labor laws that protect employees from unlawful discrimination and retaliatory practices.
That said, what if you're called to serve in the military? Does your employer have the right to fire you then? Let's look at what our USERRA lawyers in Los Angeles have to say:
Military Leave Of Absence And Wrongful Termination In Los Angeles
Employees have the right to file a Leave Of Absence. Here are the types of LOA that are covered under FEHA and US federal law:
- Pregnancy Leave
- Family Medical Leave
- Disability Leave
- Sick Leave
- Jury Duty Leave
- Workers' Compensation Leave
- Military Leave of Absence
If you're employer fires you because you filed a leave of absence, it will count as an act of wrongful termination under California employment law. It doesn't matter if they fired you before you took the leave or during it, as long as you can prove that your termination was because you filed an LOA to serve in the military.
That said, when you claim wrongful termination in California, you must prove it. You need to show documents, emails, or any evidence that shows the intent behind your termination. Contact a California wrongful termination attorney to help you build the best employment law case.
What Is The Military Service Leave Of Absence Law In California?
When an individual serves in the military while still employed by the company, the employer must either keep the position open or rehire the employee in a comparable position once they complete their military service.
The Veterans' Benefits Improvement Act, passed by Congress in 2004, mandates that all employers give notice of rights under USERRA to everyone qualified for benefits and rights related to military leave of absence.
These regulations cover almost everyone who has missed work because of "duty in the uniformed services." This includes:
- Initial duty for training (i.e., basic training)
- Inactive duty training (i.e., training over the weekend)
- Active duty training (i.e., the traditional two-week summer camp)
- Actual military service
Military leave can last with a five-year cumulative limit. When the employee's contract is up, they must notify their employer in writing of their intention to resume work. In most cases, the employer is required to hire the worker again.
If you're having trouble with re-employment, consider consulting a USERRA Los Angeles Lawyer.
What If My Employer Fires Me After Re-Employment?
Regardless of the length of their active duty, a veteran who has been rehired cannot be fired from their position for a year without good cause. Employers must "promptly re-employ" qualified returning veterans in "suitable positions," according to USERRA. The veteran must often report back to work within two weeks of this happening.
Remember, military service is now considered a protected status in California. This means it is illegal for employers to make employment decisions on the basis of discrimination. For example, if your employer fires you on the sole basis that you are a veteran, then you could file a wrongful termination claim in California.
Some terrible employers might also attempt to create a hostile work environment to push a veteran out without firing them. If you've felt this treatment, consider contacting a USERRA Los Angeles Lawyer so they can review your case and provide you with legal options.
Hire A USERRA Los Angeles Lawyer Near Me
1000Attorneys is a lawyer referral service certified by the California state bar. We offer a free case review to ensure we're matching clients with the right California USERRA Attorney or Los Angeles Employment Lawyer for their unique concerns.
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