California Military and Veteran Discrimination Law Firm

Our military members and veterans deserve our honor and respect. Unfortunately, many veterans return to civilian life in California only to encounter employment discrimination.

Kluft Law, P.C. defends California’s workers from all forms of illegal discrimination, including discrimination on the basis of veteran or military status. We are not afraid to stand up to the illegal actions and damage bad employers can make to our military and veteran’s civilian careers.

Employee Rights For Veterans And Active Duty Military

If you have faced any of these issues following your return from active deployment, you may have a case for veteran discrimination:

• Your employer replaced you with another worker and did not hold a job open for your return.

• You were not hired or you were fired specifically because you have been diagnosed with post-traumatic stress disorder (PTSD).

• You were specifically not hired by a company because you are a former U.S. service member.

• You were not hired because of your status as a member of a military reserve or National Guard unit.

• You were denied promotional opportunities because of your status as a veteran or member of a reserve or National Guard unit.

• You were fired because of your pending deployment for active duty.

Disabled Veterans

Often, military veterans encounter discrimination at their workplace or during a job search because of a disability sustained as a member of our military.

Both the Americans with Disabilities Act (ADA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibit discrimination against disabled veterans. They give veterans a legal cause of action against employers who have discriminated against them.

National Guard and Military Reserve Protections

Another legal protection the USERRA provides is to service members in the National Guard or the reserves do not lose their jobs when they are deployed and away from their jobs for months at a time.

Not only do military members have the right to return to the same or substantially similar job once they return, but they also must be re-employed with the same seniority and benefits they would have earned had they not been placed on active duty.

For example, if you were eligible for a promotion before going on military leave, once you return you will likely be entitled to the promotion, even if a co-worker became equally qualified for the job in the meantime.

Similarly, it is against the law to discriminate against a reservist or member of the Guard due to employer concerns that the job applicant or employee could be called up to active duty.

You May be Entitled to Damages if You are a Victim of Discrimination

Damages available to victims of discrimination will vary depending on the types of discrimination (you may be a victim of more than military/veteran discrimination) and the extent of harm the discrimination caused. So it is important that you speak with an attorney when you feel that you are being discriminated against.

Awarded monetary damages may include:

• Back Wages (the amount of money an employer owes an employee for work that was performed but not properly compensated. Back wages can include: Unpaid wages or salary; Unpaid overtime; Unpaid bonuses or commissions; Unpaid statutory benefits, like paid vacation or sick leave.)

• Front Pay (when reinstatement or other remedies aren't possible, for example if there's no available position or the employee's relationship with the employer would be antagonistic. You can be paid the difference between your current pay (if a new job is found) and what you would have earned in your position lost due to discrimination.)

• Lost higher income from a denied promotion or raise

• Lost Medical benefits

• Lost Pension benefits

• Unpaid Bonus payments

• Pain and suffering (for emotional distress damages)

• Equitable remedies (such as rehiring of the employee, though it is rare for victims of discrimination to have a desire to return to a hostile work environment.)

• Punitive damages as a way to punish an employer for particularly egregious wrongdoing.

• Attorneys Fees and Costs

If you believe you are being discriminated against, it is important that you speak with an attorney as soon as you can. Contact us or call us at (626) 432-5422 for a free consultation.