USERRA Violations & Veteran Discrimination
USERRA Violations & Veteran Discrimination Attorney in Katy
Advocating for Veterans & Protecting Their Rights
Katy employment lawyer Shane McClelland appreciates the brave servicemen and women who protect our freedoms. Shane McClelland proudly represents brave, returning servicemen and women who qualify for protection under the Uniformed Services Employment and Reemployment Rights Act (USERRA).
USERRA guarantees that you may return to your civilian job after you have completed your service at the same rate of pay. It also guarantees you may return with the same benefits as if you had never left. It has been our firm’s privilege to represent military service members in fighting for their rights when they return home from serving our nation.
To learn more about your rights under USERRA, please call the Law Office of Shane McClelland at (713) 242-1302.
What Is USERRA?
USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. USERRA also prohibits employers from discriminating against past and present members of the uniformed services and applicants to the uniformed services.
Your rights are protected by USERRA if you:
- Have honorably completed your service and been denied a return to your prior job
- Have been offered employment at a reduced salary or with lesser benefits
- Have lost your seniority position at your old job
To request assistance, contact the U.S. Department of Labor of the Law Office of Shane McClelland. USERRA also gives you the right to hire your own attorney, who may bring a civil lawsuit to help enforce your rights. Under USERRA, you may also be allowed to seek lost wages and lost benefits, as well as compensation for your attorney’s fees and expenses in prosecuting a violation of USERRA.
Can I Return to My Civilian Job?
To qualify to return to your previous civilian job, you must:
- Inform your employer that you are leaving for military service
- Apply for your previous job in a timely manner after your uniformed service
- Have been honorably discharged from the military
USERRA Retaliation Claims
You have the right to receive unpaid benefits and wages resulting from discrimination based on your status as a veteran. An employer may not retaliate against you or anyone assisting you in the enforcement of your USERRA rights. This includes testifying or making a statement in connection with a proceeding under USERRA. This is true even if that person has no connection to the military.
Veterans who depart their job to perform military service have the right to select coverage through an existing employer-based health plan coverage. This would cover you and your dependents for up to 24 months while in the military.
If you decide to discontinue your health coverage during your military service, you have the right to be reinstated in your employer’s health plan when you are reemployed. This is done usually without any waiting periods or exclusions (e.g., pre-existing condition exclusions), except for service-connected illnesses or injuries.
Filing a Claim
The U.S. Department of Labor, Veterans Employment and Training Service (VETS) is authorized to investigate and resolve complaints of USERRA violations. If you file a complaint with VETS and they are unable to resolve it, you may request that your case be referred to the Department of Justice. You can also refer to the Office of Special Counsel, as applicable, for representation.
Alternatively, you may also completely bypass the VETS process by hiring an attorney to represent you in a civil action against an employer for violations of USERRA. Katy veterans’ rights attorney Shane McClelland has extensive experience handling these kinds of claims and is ready to fight for you.
Call (713) 242-1302 to get started on your claim or to learn more about USERRA.