Both California and federal law provide comprehensive rights and protections to our service men and women and their families. Employers may not discriminate or retaliate against employees based on military status, including those who are called to active duty, decide to join the military, or are activated into the National Guard or military reserves. This means employers may not refuse to hire or promote, discipline, terminate, or otherwise retaliate against employees because of their military service or status. Further, when servicemembers return from military service, they are generally entitled to prompt reemployment to the position they would have attained, and the pay, benefits, and seniority they would have earned had they never left their jobs to serve our country.
Certain family members of service men and women also have important employment rights. These family members may take time-off to address the broad range of issues that arise when one is called to active duty, including issues related to short-notice deployment, to attend military events, modify childcare and school arrangements, handle financial and legal arrangements, obtain family counseling, spend time with a servicemember on short-term leave from active duty, and participate in postdeployment activities. Certain family members may also take time-off to care for servicemembers who become seriously ill or injured in the line of duty.
The laws governing employees who serve in the military are complex and ever-changing. Navigating the legal landscape in this area requires an exhaustive understanding of overlapping state and federal laws. If you believe you may have been discriminated or retaliated against, terminated, or denied reemployment rights because of your military service, you need employment law specialists on your side. Sarnoff +Sarnoff is committed to advancing employee rights and bringing to justice any employer that engages in, encourages, or fails to prevent discrimination or retaliation in the workplace. Give us a call at (213) 536-4236, email us at firstname.lastname@example.org, or fill out our case evaluation form to find out whether your rights have been violated and if we can help.