Discrimination Against Military & Armed Forces

Veterans put everything on the line for us, and those who are lucky enough to return home, do so with a bevy of legal protections in the workplace. Despite this, they disproportionately face significant challenges once they get home.

For example, the unemployment rate for veterans is significantly higher than the general population, and in particular, those on the front lines (the infantry) face the highest level of unemployment. There is a glimmer of legal hope though.

Uniformed Services Employment/Reemployment Rights Act (USERA)

The Uniformed Services Employment/Reemployment Rights Act or USERA provides three broad umbrellas of protection.

Duty to Reemploy

First, employers have a duty to re-employ those who leave for a tour of less than 5 years. So they have a duty to return them to a position that is similar in every way, in pay, in benefits, etc., to the job that they left. So when servicemen return, employers have a duty to do that under USERA.

War Veteran Discrimination Protections

Second, USERA protects all veterans from being discriminated against for serving their country. In other words, an employer can’t refuse to hire a war veteran because they served. That’s illegal under USERA.

Protections for Disabled Veterans

Third, USERA grants protection to disabled veterans. In other words, those who are hurt while serving our country, USERA demands that employers make an effort to reasonably accommodate those returning from service with an injury or disability, and an affinity to do so is illegal.

What are veterans’ rights in the workplace in NC?

North Carolina laws also provide significant protections to veterans’ rights in the workplace. It is a misdemeanor in North Carolina to discriminate against a servicemen or returning veteran because they served, and doing so would be patently illegal.

Discrimination on the basis of service against those who served our country is a despicable form of workplace discrimination and it’s something that we endeavor to fight against. Our veterans have sacrificed so much. At Van Kampen Law, we like to do our part to help.

Read Articles related to military DISCRIMINATION

Hazard Pay for Heroes: Advocating Increased Pay for Those on the Front Lines of the COVID-19 Pandemic

Healthcare workers and first responders are forced to report to work, day after day, to battle the life-threatening COVID-19 virus. Sadly, there is no legal requirement that their employers provide them with hazard pay, despite the grave dangers they continue to face. What is hazard pay and how can it impact the workers putting their lives on the line to help infected patients?

Buyer Beware: “Job-Protected” Leave Comes With Big Caveats

Most people who have to take a medical leave from work are under the impression that they are a “protected” employee and that their jobs are secure. But this is often not the case for many folks returning to work from paid leave.

Katie S.

I worked with this law firm and had a very positive experience. Mr. Córdova was so helpful and really explained the process and what to expect with my case. I would highly recommend this firm.

Greg Milroy

I had an excellent experience with Mr Josh Vankampen and his staff (Carmen and Anna specifically). They were very responsive and started working on my case the same day I contacted them. They were persistent and effective. My case was settled thru mediation and given the circumstances I was pleased. Josh is aggressive yet appropriate and thorough. My case involved employment law and I have No reservations in recommending this firm.

Heather Clark

Working with Noel was an absolute pleasure. I was dealing with a difficult and confusing work situation and she did a fantastic job advising and helping me navigate to find the best solution. Would recommend 100%. The team was very thorough and timely in answering any questions and addressing any concerns during the whole process.

Geronie Jones

Attorney Noel Harlow at Van Kampen Law is one of the most savvy, smart, attorneys I have ever worked with. Truly outstanding customer service from the staff that communicates quickly back to you in a well organized competent way. Do not try do this alone call Noel, I promise you will not regret it.

Michelle Higgins

I truly enjoyed working with Josh and Nikki. They are very professional and responsive and made this stressful process as smooth and easy as possible.

Patti Moody

I had been an HR professional for 30 years when I was questionably discharged from my employer. It was a painful and confusing experience. I had always been on the employer’s side of disputes. I talked with Josh Van Kampen and he helped me understand the realistic possibilities to fairly settle the situation with my former employer. The staff at Van Kampen Law made it easy to pull all the right documentation together. They got me 6 months’ severance pay with fully paid benefits. That gave me the time and confidence to start my own business. Thank you Josh and Team!

Cherry Harris624

Excellent staff! They always had great communication skills and answered my questions quickly. Although I’m happy I do not need them anymore, I will highly recommend this office to anyone needing their services!