In Tennessee and all across the country, employees have certain rights when they have to take family or medical leave. However, if you are an employee in the military these rights may be a little different and how they are enforced by a company or under the law may be a little different as well. If you are an employee who also serves in the military and are curious about how your rights are enforced under the Uniformed Services Employment and Reemployment Rights Act or USERRA, then you should speak with a Tennessee employment USERRA lawyer right away. They will answer any questions you may have and talk to you about whether or not you may be entitled to any compensation.
If a company or business is found to be in violation of USERRA, then the employee may file a claim with the Secretary of Defense or file an independent USERRA lawsuit with a military lawyer or other private employment lawyer in court. If a case is filed with the Secretary of Defense and the Secretary is not able to help the employee in upholding their rights under USERRA, then the employee can ask that the Secretary refer their case to the Attorney General in order to file a USERRA lawsuit or hire a military or private lawyer to file the lawsuit.
If an employee decides to file a USERRA lawsuit, a court has several options which include the following: they can force the company to abide by USERRA, they can compensate the employee for any lost wages or benefits they may be entitled to due to the failure of the company to abide by USERRA, or they can require the company to pay twice the amount of lost wages and benefits if it is decided that the company did violate USERRA willingly. Also, the employee is allowed to recover any attorney’s fees and costs that are related to the USERRA lawsuit. However, if an employee loses the lawsuit, he is not required pay any attorney’s fees or costs acquired by their employer.
There are no statutes of limitations on a USERRA claim. A lawsuit may be filed at any time in order to recover lost wages or benefits. However, the time that a USERRA lawsuit is filed may impact the other rewards a court may give. For instance, a court may not be able to require that a company rehire someone as is their right under USERRA, if the employees files the lawsuit years after the military leave took place.
Tennessee military employees and military employees across the United States serve our country each and every day. They deserve to come home from military leave and still be entitled to their position at work and to their benefits. If you have returned to your job after taking military leave and have discovered you have lost your job or your benefits, you should contact one of our experienced and compassionate Tennessee employment USERRA attorneys immediately. We will work with you and make sure you get the compensation you deserve. Contact us online or call us at 800.705.2121 to set up a FREE consultation to discuss your legal options.