A service member may have need of a lawyer that focuses on military law for a variety of reasons. In fact, a need may also arise after a service member has left military service. For example, a former service member might encounter military-related discrimination after leaving the service.
Fortunately, there is a federal law on point. Called the Uniformed Services Employment and Reemployment Rights Act, or USERRA, the law is intended to protect the right of service members to return to their civilian jobs after leaving military service. USERRA specifically makes it illegal for an employer to discriminate on the basis of an individual’s military obligation, whether past, current or upcoming.
Since a federal law is involved, a claim under USERRA is typically filed in a United States District Court. In fact, the federal court system hears a variety of military claims. Appeals from the Board for Correction of Military Record or the Discharge Review Board may be brought in a federal court.
Yet litigating a military claim in a federal court is not like litigation in other venues. The federal district courts have their own procedural rules. Federal court filings also typically involve technical land nuanced legal documents. Fortunately, our law firm has practiced military law for over 20 years. In that time, we have litigated dozens of cases in various federal courts.
Our experience also makes us a smart choice for the administrative phase of a case before the BCMR or DRB. We understand the strategy needed to present a strong claim for our military clients in each type of forum.
Source: military.com, “USERRA Discrimination Protection Explained,” copyright 2016, Military Advantage