Los Angeles Military Leave Wrongful Termination Lawyer

Serving in the military should not cost you your civilian career. Federal law protects eligible service members who leave work for training or deployment, and California law may add further safeguards. When an employer fires you because of military obligations or refuses to restore your position, you may have grounds to act.

A Los Angeles military leave wrongful termination lawyer at LNN could investigate what happened and confront an employer that violated your rights. Our wrongful termination lawyer could preserve the evidence and calculate your losses while pursuing the relief the law allows.

Employment Protections Under USERRA

The Uniformed Services Employment and Reemployment Rights Act, or USERRA, bars employers from discriminating against workers because of past, present, or future uniformed service. Under 38 U.S.C. § 4311, an employer cannot use military duty as a reason to deny employment or reemployment, and it cannot retaliate against a worker who asserts these rights.

Eligible workers also have the right to return to the job they would have held if their employment had continued uninterrupted, along with the seniority and pay tied to it. A Los Angeles military leave wrongful termination attorney can hold an employer to those standards when a return is denied. The correct placement after service depends on how long the employee was away and the position they would have earned had the service not interrupted their work.

When Is a Military Leave Termination Wrongful?

A termination may be unlawful when military service was a motivating factor in the decision. Direct admissions are rare, so when service appears to drive a firing, our military leave wrongful termination lawyers in Los Angeles examine the timing of the discharge and the employer’s shifting explanations. Common warning signs include:

Firing an employee soon after military orders are disclosed
Cutting pay or seniority after the employee returns
Refusing timely reemployment after qualifying service
Retaliating after a worker reports a USERRA violation

An employer may blame poor performance or a restructuring, but our lawyer could test that explanation against personnel records and witness testimony to expose a pretext. We also compare how the employer treated coworkers who did not serve, since unequal discipline can reveal the real reason for the firing.

Reemployment Rules and Available Remedies

USERRA reemployment protection generally requires advance notice to the employer unless notice was impossible or barred by military necessity, and the worker must report back within the applicable period. A missed deadline does not automatically end a claim, so our Los Angeles attorneys handling military leave wrongful termination claims can assess whether an exception applies.

California law under California Military and Veterans Code § 394 may also protect members of the state’s forces, so more than one statute can support a case. A successful claim may lead to reinstatement or lost wages, and USERRA also lets a court award liquidated damages when a violation was willful, which can double the back pay recovered. The right remedy depends on how the termination affected your career and finances.

Contact a Los Angeles Military Leave Wrongful Termination Attorney

You served your country and complied with your obligations, and your employer does not get to punish you for that service. LNN could fight to restore what was taken and demand accountability.

A Los Angeles military leave wrongful termination lawyer at our firm is ready to review your situation. Contact us today for a private consultation about your claim.