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Employer Violates Family and Medical Leave Act for Military Leave

Federal-Military-Leave-Act-.jpgThere are numerous forms of employment law violation in California and people who believe they are being mistreated in any way have the right to lodge a complaint and seek compensation through a lawsuit. While there are many ways in which workers can face violations, one that is particularly egregious is if a person is retaliated against because of fulfilling a military obligation. This can happen to anyone and those who are dealing with it should understand their rights.

Understanding Rights For Military Leave

A sergeant in the Los Angeles Police Department has filed a lawsuit asserting that he was retaliated against because he needed time off to fulfill his military obligations. The man, a member of the reserves, says that he did not receive deserved promotions. The lawsuit claims retaliation and discrimination because he was in the military. As evidence, there is an email from a lieutenant in the LAPD - his supervisor - stating that the request for time off was denied because his priority should be the LAPD.

The man gave his boss the necessary information outlining that he has the right to be given time off to serve and that he could not face discrimination because of it. The lieutenant gave in, but allegedly berated the sergeant about his work ethic. The lieutenant and a captain took part in an interview with the sergeant as he sought an upgrade in his position. He was refused even with his seniority over others who received the promotion. He asked to work holidays and overtime and was denied despite being the senior sergeant working. He was hospitalized for stress in May and has not gone back on LAPD duty since then.

People who serve in the military are legally entitled to have time off to fulfill their duties. When this is either not allowed or the worker is punished for it, it is a violation. There can also be ancillary problems stemming from a worker exercising his or her rights to serve. If this happens to any worker, having legal help is imperative. Speaking to a legal professional who is experienced in employment law can help with a case.

Source: nbclosangeles.com, "LAPD Sergeant Sues LA for Retaliation Based on Military Status," July 27, 2017

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