Military Status Discrimination

A military discrimination lawyer can enforce a powerful combination of protections: the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), California Military and Veterans Code section 394, and California's Fair Employment and Housing Act (FEHA), which makes military and veteran status a protected category. Together, these laws guarantee reemployment after service, protect you from discrimination and retaliation, and give California service members some of the strongest remedies in the nation.

Labor Law PC represents employees only, never employers. From our Santa Monica office we handle military status discrimination cases throughout Los Angeles County and California, for workers in aerospace, logistics, healthcare, public safety support roles, entertainment, and beyond. The consultation is free and we charge no fees until we win. Call (877) 775-2267 or contact us online.

Signs of Military or Veteran Status Discrimination

Employers rarely admit that service was the reason. Watch for these patterns:

• You were not reinstated after deployment or training, or you were brought back to a lesser position, lower pay, or reduced seniority.
• You were fired shortly after returning from service, often behind a vague "restructuring" or sudden performance complaints.
• Your manager complains about your drill weekends, annual training, or the "hassle" of covering your absences.
• You were passed over for hire or promotion after disclosing reserve or Guard obligations, or after a resume gap tied to service.
• Benefits, raises, or accrued seniority were withheld because of time spent on military leave.
• Hostile comments about veterans or service members circulate at work, especially from decision-makers.
• You were pushed out after seeking accommodations for a service-connected disability such as PTSD, hearing loss, or an injury.
• Things got worse after you complained about any of the above, which is retaliation and is separately illegal.

Document dates, orders, emails, and who said what. Reemployment cases are often won on paperwork and timing.

Your Rights Under USERRA and California Law

USERRA: Reemployment After Service

USERRA is the federal law that protects civilian jobs during and after uniformed service. Its core guarantees:

• Reemployment rights. If you leave a civilian job for military service, give advance notice where possible, serve within the law's cumulative limits (generally five years with important exceptions), and return or apply for reinstatement on time, your employer must promptly reemploy you.
• The escalator principle. You are entitled to the position you would have attained if you had never left, with the seniority, status, pay, and benefits that would have come with it, not just your old desk.
• Protection from discrimination. Employers may not deny hiring, reemployment, promotion, or any benefit of employment because of military service or obligations.
• Protection from quick termination. After returning from longer periods of service, you may only be fired for cause during a protected period following reemployment.
• Return windows. How quickly you must report back or apply for reemployment depends on the length of your service, ranging from the next scheduled workday for short service to an application within 90 days after longer service. These timelines are strict, and deadlines vary by situation, so get advice quickly if your window is in question.

USERRA applies to virtually all employers, public and private, regardless of size.

California Military and Veterans Code Section 394

California adds its own layer. Military and Veterans Code section 394 prohibits discrimination against members of the armed forces, National Guard, and reserves, including refusing to hire, discharging, or otherwise prejudicing a worker because of service membership or because the worker is ordered to duty or training. Violations can carry both civil and criminal consequences, and section 394 reaches conduct that federal law sometimes misses.

FEHA: Military and Veteran Status Is a Protected Category

FEHA, at Government Code section 12940, makes it unlawful for employers with five or more employees to discriminate based on military and veteran status, the same way it prohibits race, age, or disability discrimination. That matters for three reasons. First, FEHA has no damages caps, unlike some federal claims. Second, FEHA claims go through the California Civil Rights Department (CRD), where you generally have three years from the discriminatory act to file, though deadlines vary by claim, so confirm yours with a lawyer. Third, FEHA also prohibits harassment based on military or veteran status and protects veterans with service-connected disabilities, who are entitled to reasonable accommodation and an interactive process.

The Los Angeles Angle

Los Angeles County is home to one of the largest veteran populations in the country, plus tens of thousands of reservists and Guard members working civilian jobs in aerospace and defense, the ports and logistics corridor, healthcare, entertainment, and municipal contractors. We litigate these cases in the Los Angeles Superior Court and the federal Central District of California, and we understand how local employers schedule around, and sometimes against, drill weekends and mobilizations.

How We Handle a Military Discrimination Case

1. Free consultation. We review your service history, orders, notice to the employer, and what happened before and after your return. Everything is confidential.
2. Choosing the strongest claims. USERRA, section 394, and FEHA overlap but have different remedies, procedures, and deadlines. We build the combination that gives you the most leverage.
3. Evidence and filing. We gather personnel records, schedules, emails, and witness accounts, file with the CRD where FEHA claims require it, and prepare the case for court.
4. Negotiation or trial. Many employers settle once the reemployment timeline is laid out in black and white. When they do not, we litigate.

What You May Recover

No lawyer can promise a result, but depending on the claims and facts, courts have awarded service members reinstatement to the proper escalator position, back pay and lost benefits, front pay where reinstatement is not realistic, liquidated (doubled) damages for willful USERRA violations, emotional distress and punitive damages under FEHA, and attorney fees and costs. The right measure of recovery depends on your facts, which is exactly what a free consultation sorts out.

No Fees Until We Win

You should not have to fund a lawsuit to get back the job you earned. Labor Law PC handles military status discrimination cases on contingency: the consultation is free, there are no upfront costs, and our fee comes out of the recovery. No recovery, no attorney fees.

Frequently Asked Questions

• My employer says my job was eliminated while I was deployed. Is that legal?

  Often not. Under USERRA's escalator principle you are entitled to the position you would have held had you stayed, and a "reorganization" timed to a deployment draws close scrutiny. Have a lawyer compare what happened to you with what happened to coworkers who never left.

• How soon must I return to work after military service?

  It depends on how long you served: short periods require reporting the next scheduled workday, while longer service allows a period of weeks to apply for reemployment, up to 90 days after the longest deployments. These windows are strict and fact-specific, so confirm your deadline promptly.

• Does my small employer have to follow these laws?

  Yes. USERRA applies to employers of every size, and section 394 broadly covers California employers. FEHA's discrimination protections add on for employers with five or more employees.

• Can my boss fire me right after I come back?

  After longer service periods, USERRA permits termination only for cause during a protected window following reemployment. A quick post-return firing, especially with a thin paper trail, is a classic red flag.

• I am a reservist and my manager keeps writing me up around drill weekends. Is that discrimination?

  It can be. Punishing you for absences the law requires your employer to allow, or manufacturing discipline around your service schedule, can violate USERRA, section 394, and FEHA. Keep copies of your orders and every write-up.

• What if my claim involves a service-connected disability like PTSD?

  You may have both military status and disability claims. FEHA requires reasonable accommodation of disabilities, including service-connected conditions, and denying that process is a separate violation. See our disability discrimination page.

Related Practice Areas

• Employment Discrimination: how FEHA protected-category claims work across the board.
• Disability Discrimination: accommodations for service-connected conditions such as PTSD and hearing loss.
• Wrongful Termination: firings that violate USERRA, section 394, or California public policy.
• Retaliation: punishment for asserting your reemployment or discrimination rights.

Serving Los Angeles and All of California

From our Santa Monica headquarters, Labor Law PC represents veterans, reservists, and Guard members throughout Los Angeles County, including Long Beach, Torrance, Glendale, Pasadena, Burbank, Beverly Hills, West Hollywood, and the San Fernando Valley, and workers statewide.

Talk to a Military Discrimination Lawyer for Free

Your service should never cost you your civilian career. If you were denied reemployment, pushed out after returning, or punished for your military obligations, get a straight answer about your rights from attorneys who only represent employees.

Call (877) 775-2267 or request your free case evaluation online. No fees until we win.