Veteran and Military Status Discrimination

While most Americans are thankful for and appreciative of the members of our armed services, some employers still discriminate against employees because of their current or former military service. However, in New York and New Jersey, workplace discrimination on the basis of past or present military status is illegal.

If you have experienced military status discrimination at work, meaning you were treated worse because you are a member or veteran of the United States Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard or Air National Guard, including a member of the Reserves, then you can learn about your legal rights and options by talking to one of our knowledgeable New Jersey military status discrimination attorneys about your situation.

If you have experienced workplace discrimination due to your current or past military service, you should consider speaking with an experienced employment law attorney. Any of the following actions may be considered unlawful discrimination if based on your veteran or military status:

• Being fired, laid-off or wrongfully discharged
• Being harassed
• Being forced to resign
• Being demoted
• Being underpaid in comparison to your peers

Both individuals currently serving in the military and veterans are protected by state and federal anti-discrimination laws. The Uniformed Service Employment and Reemployment Rights Act ("USERRA") is one of those laws. In addition to prohibiting military status discrimination at work, under many circumstances it guarantees members of the military the right to return to the same civilian job they held before their military service.

The attorneys at our New Jersey employment law firm represent workers who have experienced discrimination based on their service in the military.

Under the Family & Medical Leave Act ("FMLA"), eligible employees can take up to 26 weeks off from work per year to care for a serious line of duty injury or illness of their spouse, son, daughter, parent or next of kin who is a member of the Armed Forces, including the National Guard or Reserves. This is called a "Military Caregiver Leave."

The FMLA also permits eligible employees to take up to 12 weeks off from work per year because their spouse, child or parent who is in the National Guard or Reserves has been called to active duty, or has been notified that they are about to be called to active duty. This is called a "Qualifying Exigency Leave." It allows qualified employees to take time off for situations such as:

• Problems caused by receiving less than eight days’ notice before deployment;
• Official military ceremonies, programs, events or activities;
• Childcare activities necessary due to being called to active duty, such as rearranging childcare or enrolling a child in a different school or daycare program;
• Making or changing legal or financial arrangements because a covered military member is absent;
• Attending counseling needed as a result of a call to active duty for the employee, covered military member, or child of the covered military member, if it is provided by someone other than a health care provider; and
• Spending up to five days with a member of the military during a temporary rest and recuperation leave during deployment.

Generally, employees who take an FMLA Military Caregiver Leave or a Qualifying Exigency Leave are entitled to return to their job, or an equivalent one, when they return to work.

The New Jersey military status discrimination lawyers at Rabner Baumgart Ben-Asher & Nirenberg, P.C. are experienced at protecting the rights of employees. To schedule a consultation to discuss your legal options with an attorney at our New Jersey employment law firm, you can contact us online or call us at (201) 777-2250.