Military Discrimination

If You Experience Employer Discrimination Because of Your Military Obligation, Let Our Tennessee Lawyers Stand Beside You

We advocate for your military rights in the workplace in Nashville, Chattanooga, Memphis, and Jackson and throughout Tennessee

In times of military need, our government calls upon its citizen soldiers — the members of the armed forces, Reserves and state National Guards — to assume active roles in the nation’s defense abroad. These men and women are prepared to leave their families, their communities, and their employment at a moment’s notice and put themselves in danger of disability and death to honor their oaths of service. They deserve, at the very least, the comfort of knowing that their service obligations will neither hamper their employment opportunities nor cause the loss of their jobs when they return.

The Tennessee military discrimination attorneys at Gilbert McWherter Scott Bobbitt PLC have long defended our citizen soldiers against violations of employment laws, especially against discrimination in hiring based on their service obligations and disparities in the terms and conditions of employment. If you have encountered employment discrimination in the workplace or the job market because of a Reserve, National Guard, or other military obligation, the lawyers at the Gilbert Firm may be able to help. Our attorneys have proven experience in employment law, and an enviable record of successful case outcomes that has gained them national recognition as one of the nation’s leading employment law firms.

What employment protections are available for servicemen and servicewomen?

The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits employers from taking adverse action against members of the armed services, Reserves, or National Guard because of their continuing military obligations and prohibits them from denying these service members employment, re-employment, promotions, and other benefits. If you believe your USERRA rights have been violated, a Tennessee military discrimination attorney can be of assistance to you.

Employers are required to notify any employee with a military service obligation of their rights. “Military service” is understood to include everything from basic training and weekend drills, to two-week annual active duty for training and long-term active military duty. The employer must either hold their job open during an employee’s absence or re-employ him or her in a similar position when they return.

Military leaves can be as long as five years. Once the military obligation is complete, the employee must notify their employer of their intention to return. The employer is then required to “promptly re-employ” them in an “appropriate position.” “Promptly” is commonly understood to mean within two weeks. Once the returnee has been re-employed, they cannot be fired for one year, except for cause.

Speak with a Tennessee lawyer if your military obligation is putting you at a disadvantage at work

Learn more about how we can help. The Tennessee military discrimination attorneys at the Gilbert Firm are licensed to practice in both federal and state courts, and have built a solid reputation as premier legal advocates for Tennessee clients. If you believe you have been the victim of employment discrimination because of a military obligation, please call 888.996.9731 to discuss your complaint with one of our employment attorneys, or fill out our contact form to schedule a free, no-obligation consultation. With offices conveniently located in Nashville, Chattanooga, Memphis, and Jackson, we are able to represent clients throughout the state.

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Gilbert McWherter Scott Bobbitt PLC and its attorneys do not maintain a bona fide office in the state of Kentucky, and do not maintain a bona fide office within the area code listed. Bona fide offices are located in Jackson and Franklin, TN.
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