Steffans Legal Agrees to Represent IT System Administrator Who Was Terminated After Returning from Military Leave
Steffans Legal has agreed to represent an IT System Administrator and member of the Air National Guard based in Springfield, Massachusetts who was recently terminated from his position shortly after returning from military leave. Two months after returning to work from a military deployment, our client was put on a performance improvement plan (PIP) and terminated. Prior to his request for military leave, our client had received a positive performance review and positive feedback regarding his performance. Additionally, our client’s supervisors made negative comments about his need for leave and how it caused problems at work. We strongly believe these actions amount to unlawful discrimination based on military status, in violation of MGL ch. 151B Massachusetts Fair Employment Practices Act and the Uniformed Services Employment and Reemployment Rights Act (“USERRA,” federal law). We look forward to working with our client to uphold his rights under the law.
CAN MY MASSACHUSETTS EMPLOYER RETALIATE AGAINST ME, DISCRIMINATE AGAINST ME, OR TERMINATE ME FOR JOINING THE MILITARY OR NEEDING MILITARY LEAVE?
No, your Massachusetts employer cannot retaliate against you, discriminate against you, or terminate you for joining the military or needing military leave. Our country depends on a volunteer military, something that hasn’t always been the case. Thankfully, Massachusetts and federal law prohibit discrimination, retaliation, and termination based on an employee’s membership in the military. Click here to learn more about your employment rights as a member of the armed services.
AM I ENTITLED TO EHANCED JOB PROTECTIONS WHEN I RETURN FROM MILITARY LEAVE IN MASSACHUSTTS?
Yes, you are entitled to enhanced job protections when returning from military leave in Massachusetts. That’s the case because USERRA provides that at-will employees can only be terminated for “just cause” for certain periods after they return from leave. The duration of that protected period doesn’t apply to all military leaves, and its length depends on the length of the leave. This protection is found in 29 CFR §1002.247.
USERRA provides guidance on what constitutes “cause.” Importantly, USERRA (1) requires that the employee have been given notice that the conduct would constitute cause for discharge and (2) places the burden of proof on the employer. Those protections are found in 29 CFR §1002.248.
Over the years Steffans Legal has represented numerous military members in claims of unlawful discrimination and unlawful termination after they suffered retaliation for taking protected military leave. If you are a Massachusetts employee and member of the military facing similar circumstances contact us today for a consultation.