Armed Forces Discrimination

Employ­ment Law USERRA Lawyers Defend­ing the Work­place Rights of our Mem­bers of the Armed Forces

The Uni­formed Ser­vices Employ­ment and Reem­ploy­ment Rights Act of 1994 (“USERRA”) (38 U.S.C. § 4301–35) pro­hibits employ­ment dis­crim­i­na­tion against employ­ees with past, cur­rent or future armed forces oblig­a­tions. USERRA pro­vides employee rights such as rein­state­ment of employ­ment after hon­or­able com­ple­tion of armed ser­vices duty. Employ­ers also have oblig­a­tions to post or oth­er­wise dis­sem­i­nate USERRA infor­ma­tion. If a super­vi­sor per­forms an act moti­vated by anti­mil­i­tary ani­mus that is intended to cause an adverse employ­ment action, then the employer may be liable under USERRA. Our lawyers believe that employ­ment dis­crim­i­na­tion against the mem­bers of the armed forces must be staunchly opposed.

USERRA Attor­neys Pro­tect­ing the Employ­ment Law Rights of Our Armed Forces Members

At Rathod | Mohamedb­hai LLC, our team of trial attor­neys have suc­cess­fully rep­re­sented mem­bers of the armed forces against unlaw­ful employ­ment dis­crim­i­na­tion. Rathod | Mohamedb­hai LLC’s Sid­dhartha Rathod was a Cap­tain in the Marine Corp. Under USERRA, employ­ees must show that their mil­i­tary sta­tus was at least a moti­vat­ing or sub­stan­tial fac­tor in the employer’s action. The moti­vat­ing fac­tor require­ment does not sug­gest that an employee’s pro­tected sta­tus as an armed past, present or future armed forced mem­ber must have been the sole cause of the neg­a­tive employ­ment action. We will inves­ti­gate your mat­ter to ensure that your employ­ment rights were not vio­lated because of your armed ser­vices status.

National Defense Autho­riza­tion Act (“NDAA”) Employee Rights Attorneys

In 2008, the NDAA amended the Fam­ily and Med­ical Leave Act of 1993 (FMLA) to per­mit a “spouse, son, daugh­ter, par­ent, or next of kin” to take up to 26 work­weeks of leave to care for a “mem­ber of the Armed Forces, includ­ing a mem­ber of the National Guard or Reserves, who is under­go­ing med­ical treat­ment, recu­per­a­tion, or ther­apy, is oth­er­wise in out­pa­tient sta­tus, or is oth­er­wise on the tem­po­rary dis­abil­ity retired list, for a seri­ous injury or ill­ness.” We have exten­sive expe­ri­ence in employ­ees’ rights to med­ical leave in order to care for their loved ones. We work with med­ical and armed forces experts to assess the facts of your employ­ment matter.

Con­tact Our Col­orado Wrong­ful Ter­mi­na­tion and Employ­ment Law Firm Attorneys

Call 303–578-4400 or fill out our online form to con­tact our law firm and dis­cuss your case with our expe­ri­enced trial lawyers.