• About R & M
    ▼
    • Matthew Ian Marks
    • Thomas Anthony Ricotta
  • Practice Areas
    ▼
    • Sexual Harassment
      ▼
      • Hostile Work Environment
      • Workplace Retaliation
    • Employer Discrimination
      ▼
      • Age Discrimination
      • Criminal Record Discrimination
      • Disability Discrimination
      • FMLA Violations
      • Gender Discrimination
      • Transgender Discrimination
      • Marital Status Discrimination
      • National Origin Discrimination
      • Pregnancy Discrimination
      • Race Discrimination
      • Religious Discrimination
      • Sexual Orientation Discrimination
      • Wrongful Termination
    • Education Law
      ▼
      • 3020a Hearings
    • More Practice Areas
      ▼
      • Employment Contracts
      • Labor and Unions
      • Mediation & Arbitration
      • Wage and Hour Disputes
      • Employer Defense
  • Resources
    ▼
    • FAQs
    • Client Testimonials
    • Employment Law Blog
  • Contact
    ▼
    • Queens Law Office
    • Long Island Law Office
    • R&M Careers
  • Skip to main content
  • Skip to primary sidebar

Ricotta & Marks, P.C.

Employment Discrimination Lawyers

Google Reviews 5 Stars
  • About R & M
    • Matthew Ian Marks
    • Thomas Anthony Ricotta
  • Practice Areas
    • Sexual Harassment
      • Hostile Work Environment
      • Workplace Retaliation
    • Employer Discrimination
      • Age Discrimination
      • Criminal Record Discrimination
      • Disability Discrimination
      • FMLA Violations
      • Gender Discrimination
      • Transgender Discrimination
      • Marital Status Discrimination
      • National Origin Discrimination
      • Pregnancy Discrimination
      • Race Discrimination
      • Religious Discrimination
      • Sexual Orientation Discrimination
      • Wrongful Termination
    • Education Law
      • 3020a Hearings
    • More Practice Areas
      • Employment Contracts
      • Labor and Unions
      • Mediation & Arbitration
      • Wage and Hour Disputes
      • Employer Defense
  • Resources
    • FAQs
    • Client Testimonials
    • Employment Law Blog
  • Contact
    • Queens Law Office
    • Long Island Law Office
    • R&M Careers

347.464.8694
free consultation
free consultation

Home Blog Can I Be Fired for Joining the Military?

Can I Be Fired for Joining the Military?

By Matthew Marks on September 28th, 2016 in In The News

For parents and individuals who are going into the military, or are currently enrolled in the military, there may be fears or worries about whether or not they will have their job when they return, or whether or not their employer can terminate their position or their employment status while they are away on military duties. It is important to note that wrongful termination law (NYC and federal laws), protect United States military members. The following considers what you need to know about serving in the military and your right to work:

Employers Are Required to Provide Military Leave to Employees

 Federal military leave laws mandate that employers provide military leave to their employees. This is true for employees who are on active or inactive duty in the National Guard or as a Reserve of the Armed Forces. According to the U.S. Office of Personnel Management, “Any fulltime Federal civilian employee whose appointment is not limited to one year is entitled to military leave. Military leave…is prorated for part-time career employees and employees on an uncommon tour of duty.” Keep in mind that leave does not have to be paid; typically only public employees are eligible for paid leave. However, an employer may only charge military leave for hours that the employee would have otherwise been paid for their work.

It is also important to note that employees who return from military leave must be reinstated to the same position that they had prior to taking leave.

The Uniform Services Employment and Reemployment Rights Act (USERRA)

 The USERRA is one of the most important labor laws in the United States, as it protects military members and veterans from discrimination based on their military service. To be sure, the law states that those who serve their country are entitled to retain their civil employment and benefit status (discussed above), and that these persons can seek employment that is free from any discrimination based on their employment status. In fact, the law even applies to those who are disabled, requiring that employers take reasonable steps to accommodate a veteran with a disability.  

Your Rights Under the Law

 Serving the country through military service is a very honorable thing to do, and fear of retaliation, termination, or discrimination in the workplace should not prevent a person from joining the military. If you believe that you have been discriminated against, if your right to military leave has been denied, or if you have returned from military service only to find that your position at your place of employment was no longer available for you, you should report the labor violation and contact an experienced wrongful termination attorney. NYC citizens, as well as those throughout the country, deserve the best representation when their rights under the USERRA are violated. At the offices of Ricotta & Marks, P.C., we will advocate for you! Contact us today for your free consultation.

Primary Sidebar

Schedule Your Free Consultation

  • Hidden
  • This field is for validation purposes and should be left unchanged.

Ricotta & Marks, P.C.

Queens Law Office:
24-11 41st Avenue, Second Floor
Long Island City, NY 11101
Long Island Law Office:
30-30 Northern Boulevard, Suite 401
Long Island City, NY 11101
  • Facebook
  • LinkedIn
  • Twitter

Copyright © 2023 Ricotta & Marks, P.C.
Disclaimer Privacy Policy