F. Fired for Military Duty

Several federal laws, including the Veterans' Re-employment Rights Act and the Military Selective Service Act, protect the rights of veterans and military personnel. These laws provide that employees who are in military service be regarded as being on an unpaid leave of absence from their civilian employment. For example, if you are on extended reserve duty (up to four years) or called up for short-term emergency duty merely to serve in a motor pool across town, you must be offered a job with the same pay, rank, and seniority upon your return. An employer is prohibited from forcing an employee to use vacation time for military training. Employers are obligated to assist employees who return from military service and cannot deny promotions, seniority, or other benefits because of military obligations. Thus if an employee was promoted or promised a raise right before a call-up, she must receive a job in line with the promised promotion and raise upon return, together with reinstatement of all benefits and those benefits (e.g., additional pay) that would have been earned if she had continued to work.

Tip:Companies that receive job applications from military personnel and reservists relating to work after termination of active duty status and don't hire them must fully document the reasons for denial. Any employer not following these rules is subject to investigation and action by the local U.S. Attorney's office or a private lawsuit filed by the claimant in the federal district court sitting in any county where the employer maintains a place of business. Charges can also be brought under the Veterans' Benefits Improvement and Health Care Authorization Act. These laws prohibit discrimination in all aspects of employment, including hiring, promotion, and discharge on the basis of military membership.