Carney R. Shegerian, an employee rights attorney and founder of Shegerian & Associates, a Santa Monica-based litigation law firm representing employees, has issued the following statement on military leave and re-employment rights.
Those who serve in the military are often regularly employed employees who get called away from their jobs for military service. During this time they are on protected unpaid leave of absence. Likewise, family members with relatives on active duty have the right to take off time from work when exigent circumstance arises. “Unfortunately all too often, these people who give the very most for our country come home to find out that they are not given the very least by their employers,” Shegerian states.
Shegerian states, “It is important for these soldiers to know their rights to re-employment. Federal law provides that a soldier has the right to be re-employed in the job he or she would have if he or she had not been called to active duty.”
“Service members’ rights and benefits are protected under the Uniformed Services Employment and Reemployment Rights Act of 1994. Employers are prohibited to discriminate on the bases of military service or obligation.” Shegerian adds, “Every employer is required by law to provide a notice of the rights, benefits, and obligations of employees and employers under USERRA.”
“With our country deploying hundreds of thousands of people in the service in the last 8-1/2 years, we are seeing employers ignoring the law in areas heavily populated with military, such as San Diego County. Our military heroes need their rights, including the right to reclaim their jobs when returning from abroad,” Shegerian says.
An experienced trial attorney, Shegerian has tried numerous jury trials to verdict in both state and federal court, always representing individuals that have suffered financial or emotional losses and have been wronged by employers, including major corporations. Shegerian has built a remarkable career on helping those who have been wronged in the workplace. He remains undefeated in federal jury trials and has won 14 seven figure verdicts representing employees.