Costa Mesa Military Service Discrimination Lawyer

Serving in the military is an honorable and courageous decision. That is why it can be emotionally damaging and isolating when you are discriminated against due to your veteran status or service-related injuries or conditions. Do not let your place of employment negate the hard work you have performed in your civilian life because of your duty to serve. You have represented your country. Now, let a Costa Mesa military service discrimination lawyer represent you.

Whether your employment status has suffered from a physical or mental condition due to the nature of your service, or if your civilian employment was disrupted by deployment, the Costa Mesa military service discrimination attorneys at The California Employment Counsel, APC, are here to defend you. Conveniently located in Costa Mesa, California, we happily serve the proud veterans of Orange County.

Sadly, military service discrimination is common when veterans have or are seeking civilian employment and suffer from a disability or condition resulting from their service. This could look like being denied employment, terminated, or a role change or reduction before or after serving.

California is proudly home to around 1.8 million veterans and 162,000 active duty military personnel. At the California Employment Counsel, APC, we are dedicated to serving you and protecting your right to civilian employment between or after serving.

Military service discrimination might manifest in various ways depending on your unique circumstances. Some common examples of when workplace military discrimination can occur include:

• Being denied a role due to military service
• Termination due to active or previous military service
• Denial of a promotion due to active or previous military service
• Employers refusing reasonable accommodations for service-related conditions or disabilities
• Denial of reemployment upon return from service.

Discrimination against an active service member or veteran is not to be taken lightly. There are three major laws in place to protect against military service discrimination in California.

• The Uniformed Services Employment and Reemployment Rights Act
• Americans with Disabilities Act
• California Fair Employment and Housing Act

The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides employees returning from active military service or training the right to be reemployed in their equivalent role prior to leaving for service. This is established at the federal level.

This act also ensures that the employee is to be reinstated at the same or equivalent pay rate and benefits as before their absence to serve. This act applies to most employers in the United States, regardless of the company’s size, and includes employers at the federal level.

The second federal law to be aware of is the Americans with Disabilities Act (ADA). This law prohibits employers from discriminating against a qualified applicant or employee based on a medical condition or disability. This covers many issues and ailments common in the veteran and service member community.

Last, active military service members and veterans in California are also protected under the California Fair Employment and Housing Act (FEHA). In this legislation, employers of five or more employees are required to provide reasonable accommodation for any capable applicant or employee with a physical or mental condition or disability, unless it would cause undue hardship. Reasonable accommodations include:

• Changing job duties or schedule
• Providing leave for medical care
• Relocation of the work area, including remote options in some cases
• Providing mechanical or electrical aids

The FEHA exists to help employees get proper care and resources to help them do the job they are qualified to do. It covers both physical and mental ailments common among active or returning military service members, such as amputation, PTSD, hearing loss, depression and anxiety, and hypertension.

In a military service discrimination case, your Costa Mesa military service attorney will have to prove that you suffered or are actively suffering from a condition sustained due to your military service.

They will also have to prove that you were or are being discriminated against due to your service record or that you did not receive reasonable accommodations for said condition. In any case involving discrimination or harassment, it is always important to keep documentation and correspondence to back your claim.

The U.S. Department of Labor outlines four basic tips to advocate for your rights and protect yourself:

• Know your rights by familiarizing yourself with the USERRA and ADA. As a Californian, it is important to know your rights under the FEHA as well.
• Keep documentation of important dates, such as the days that you are acting on military orders, communications from your civilian employer and payroll, and any copies within reason of deployment or training schedules.
• Seek help through legal representation when you feel your rights have been denied.
• Help to educate your employer on the laws under the USERRA, ADA, and FEHA.

By law, you have rights as an active service member or veteran of the U.S. Military.  If your employer has discriminated against you due to the status of your military service, you might be owed damages like:

• Back pay or front pay. This is compensation for past or future losses due to employer discrimination.
• Reinstatement. We can help you get your job back if you were wrongfully terminated due to military service discrimination.
• Punitive or other damages. If you were denied employment or demoted due to your military service status, you might be owed for emotional and other damages.

Whatever the unique circumstances of your military service discrimination case, let a Costa Mesa medical condition lawyer handle your case so you can enjoy the life you have sacrificed for already.

To easily file a claim or retrieve the proper forms, visit the Superior Court of California for Orange County. In Costa Mesa, the nearest Courthouse is located at the Costa Mesa Justice Complex, 3390 Harbor Boulevard.

If you have been discriminated against in your place of work due to your current or previous military service, hire a military service discrimination lawyer today. Contact The California Employment Counsel, APC, today and let us fight this battle for you.