A joint federal-state program financed by employer taxes, unemployment compensation provides temporary payments to workers who lose their jobs for reasons other than misconduct. If you have recently become unemployed, talk to an informed employment law attorney to learn your state's requirements for claiming unemployment benefits and what to do if your claim is challenged.
For Information on Wages, Benefits and the Law, Contact a California Attorney
If your employer has denied you wages that you rightfully earned, failed to pay you at prevailing wages for construction labor, denied your right to meal and rest breaks, terminated you in violation of state or federal employment laws, or misclassified your position to avoid paying benefits, you are encouraged to talk to a lawyer. Keegan & Baker, LLP, has helped recover tens of millions of dollars on behalf of employees throughout Southern California. We welcome your call or e-mail.
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Keegan & Baker, LLP, is an employment law firm serving clients throughout Southern California, including San Diego and Orange County restaurant workers, construction workers, sales personnel and office workers.
The information presented on this Web page is not intended to take the place of personalized legal advice. Contact a California lawyer at Keegan & Baker, LLP, to schedule a consultation and discuss employer violations and potential claims and lawsuits.
Military Leave
US military personnel, including reservists and members of the National Guard, are often called for tours of duty or periods of training during which they must leave their civilian jobs. This raises issues of re-employment and continuation of medical coverage and other employment benefits. An attorney with experience in employment law from Keegan & Baker, LLP in San Diego, California, can advise you about your employment rights as a member of the armed services.
The federal Uniform Services Employment and Reemployment Act (USERRA) creates re-employment and continuing-benefit rights for military personnel. USERRA applies to private employers and to state and local government employers. With some variation, employees of the federal government are also protected.
You can lose your USERRA rights if your military service was under less than honorable conditions.
Re-employment
With a few exceptions, military service members are guaranteed re-employment in their civilian jobs after returning from active duty or training. In certain situations, such as the elimination of your job or difficult employer circumstances, you may be placed in a different but comparable job with similar salary and benefits.
Service members must give appropriate notices of military deployment to their employers and must reapply for their jobs within specific time frames. If an employee incurs or aggravates a disability during a military leave, USERRA has detailed employer requirements for disability accommodation and retraining.
Other major provisions:
- You have the right to use accrued vacation during your military leave, but you cannot be forced to do so.
- With some exceptions, you can be deployed up to five years before you lose your right to re-employment.
- If you were deployed 181 days or more, your employer cannot fire you after re-employment for at least one year without appropriate cause.
- A long military absence can cause a loss of job skills and you may be entitled to additional training.
Medical Insurance and Other Benefits
Under USERRA, if military leave would result in the termination of an employee's health coverage, the employer must allow the employee to continue coverage at his or her own cost, usually for up to 24 months. This normally includes not only medical coverage, but also vision, dental and prescription coverage and certain other flexible payment and reimbursement arrangements. With some exception, similar rights to continued coverage during military leave are preserved by the Consolidated Omnibus Budget Reconciliation Act (COBRA).
Upon your return, you have the right to medical coverage from your employer as before deployment, without waiting periods or pre-existing condition exclusions. However, your employer is not required to cover medical injury or illness sustained in active duty.
Pension rights and vacation should continue to accrue during military-service leaves. Similarly your vesting and accrual rights under certain retirement plans should not be interrupted. Military leave should count toward time worked for purposes of your right to family and medical leave.
Conclusion
In general, these are your rights under federal law. You may have additional benefits under your particular state's laws or your employer may offer more generous terms.
If you are a service member facing re-employment problems or issues with your employee benefits after a period of active duty, you may have legal remedies under federal or state law. An employee benefits lawyer at Keegan & Baker, LLP in San Diego, California, can advise you about all of your rights under the law.
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