I got fired from my civilian job for serving two weeks with my US Army unit. Can they be sued?

They also had six notice of my days off in advance More detail if needed?
Additional Details
Can I sue? If yes how much to you think it worth? My paperwork is being file next week.

This happen about 3 month ago, I hired a lawyer because ESGR could not do anything , just an investigation. I don’t wont my job back they gave me **** for being in the military every week ( my supervisor).
I was an honest, hard working employee, I never called in sick I was away 10 min early, I worked there for 18 months. This has cause my financial problems I have lost the motivation to serve in the military. I guess, like my supervisor said, “being in the reserves is not the real military”

michr

some excellent advise from rtfm
some other things to consider:

is that the "sole" reason you were terminated.
serving our country does not protect you from disciplinary action at your job for other performance issues.

is the employer covered by the Uniformed Services Employment and Reemployment Rights Act ?
(not all employers are covered by all employment laws)
in this case all employers are covered so that is not a defense for the employer.

the easiest/quickest way to find out if there was a violation is to file for unemployment insurance. when you file the employer must give their reason for the termination and provide their proof. once that happens you can easily decide how to proceed.

the primary focus of the act is re-employment,
have you applied for re-employment since you served?
applying for re-employment may be all that is needed for you to resolve this.

EDIT:
the act allows for double the lost wages(IF the Violation was "willful") and cost which i am sure the attorney plans on taking a big chunk of. if the violation was not willful then the act calls for reinstatement (no damages).
Double damages. Section 4323(d)(1)(C).
Fees. Section 4323(h)(2)
http://esgr.org/files/USERRANonTechnicalGuide.pdf

if you do not want your job back you are looking at double your normal wages (if you can prove willful misconduct) for 3 months of employment plus reasonable fees. not much to sue for, i hope you come out ahead and don't owe it all to the attorney when/if you get a settlement.

what agreement did you sign with the attorney a percentage plus all out-of-pocket cost?(commonly referred to as contingency). those "out-of-pocket" expenses can really add up so be ware. if the government refused to send this case to the attorney general to prosecute(which cost you nothing) there was probably a reason.(like no violation or no willful misconduct).
good luck to you and i hope it works out but don't count on it!

Barry auh2o

What aren't you telling us???

rtfm

Call the ESGR (Employer Support for Guard and Reserve) right away. They can advise you on exactly what your rights are. Their main number is 800-336-4590, or look here for a local committee you can talk to:

http://esgr.org/contact.asp

Here's the actual text of the law (the Uniformed Services Employment and Reemployment Rights Act -- USERRA):

http://esgr.org/userrathelaw.asp?p=43

wesley

They can't fire you for serving i would call the labor board in your area sounds like they are *******
Thanks for serving God Bless

missy

Im having a similar issue...my professor won't accept my late work. Its late because I was fulfilling military duties. He says that that's not his problem and that my grade was greatly affected. What can I do and what army regulation covers this issue? Please help.

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