Being an active member of the military may often complicate your ability to carry out the duties of your employment; however, it is illegal for employers to make decisions about wages, promotions, discipline, suspensions, or terminations because you are an active service member.
Moreover, the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) provides extra protections. It mandates that employers give you time off if you get called up for active duty or deployment; keep your job open for you for when you get back from deployment or back on reserve status; and elevate you to the same pay and seniority status when you get back that you would have received had you remained continually employed.
The Minnesota Veterans Protection Act gives veterans who work for or want to work for the State of Minnesota or municipalities a preference in hiring and promotion, as well as specific protections from termination. The law also includes employment protections for military spouses and disabled veterans.
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Military & Veteran Discrimination FAQs
+ How do I prove workplace service member discrimination?
In order to win an employment service member discrimination claim, you must prove that the stated reason for an employment decision is not the actual, illegal reason – your status as an active service member or veteran and any complications that may have caused in your ability to carry out your employment. Your employment lawyer needs to demonstrate that the employer’s stated decisions about wages, promotion, discipline, suspension, or termination are either factually wrong or that they weren’t applied non-service member employees.
+ Can my employer fire me if I claim service member discrimination?
No. If your employer terminates you for making a complaint of service member discrimination, then you have a retaliation case in addition to your sexual orientation discrimination case.
+ How much is a workplace service member discrimination case worth?
This depends on the strength of your case, the amount of damages you’ve suffered, and ultimately on the ability of your employer to pay. While it is not possible to state what the average settlement for a workplace service member discrimination case is, we will be able to better estimate the possible outcomes during your free consultation.
+ Can I claim service member discrimination even if I quit my job?
Yes. If your employer made working conditions so impossible that you had no choice but to resign, this is known as constructive discharge. Workplace service member discrimination claims may still apply under these circumstances.
+ What is the statute of limitations for a service member discrimination case?
USERRA does not have a statute of limitations and expressly precludes any state from applying its own statute of limitations. Employers have a few legal tools to circumvent this prohibition, so best practice is to contact an employment lawyer immediately if you think you may have a claim.
+ What should I do if my employer has discriminated against me because I am an active service member or veteran?
Write everything down: what happened to you; the dates of the discriminatory acts, who made the employment decisions or communicated them to you, what they said were the reasons for the decisions, and who was present; whether you think the reasons your employer gave you were accurate and why; the names of employees that you think may have useful information; and the types of documents that you think may have useful information.
Gather documents: pay stubs; personnel files; employee handbook; any other letters, text messages, or emails from your employer that you think might be helpful. You should send a written request to your employer requesting your personnel file and the reason for the decision about wages, promotion, discipline, suspension, or termination, which must be provided to you under Minnesota law.
In the event your employment was terminated and if your employer has not paid you all of your wages, request those wages in writing.