Legal Question in Civil Litigation in Michigan

wrongful termination

I was recently terminated from my job because i went to give my employer a request for a leave of absence. The reason for the request is that i was called up for active duty. My employer was aware that i would be going on active duty for upto 9 months. I have 9 years of service and i am aware of my rights under USEARR act of 1994. Do i have any rights to take legal action againnst my former employer?


Asked on 8/28/02, 2:27 pm

1 Answer from Attorneys

Russell Brown Brown & Associates, PLLC

Re: wrongful termination

Generally speaking, there is a very strong possibility that you do. As I am sure you are aware, USERRA (as well as various other federal statutes such as the Soldiers and Sailors Act, etc.) covers not only reemployment rights of a veteran, but also health insurance, pension issues, and benefits after coming back off of service in any of the armed forces. USERRA requires all employers, regardless of their size, re-employ former employees (both full and part-time) when they return from 5 years, or less, of military service. Note though, there are some specific exceptions to this general rule.

There are also very clear laws and guidelines on how the service member is to be treated with regard to seniority credit, benefit plans, etc. upon their return.

Based upon you brief message, I would recommend that you speak with an attorney who is familiar with business / employment law and military law. If I can be any assistance, please do not hesitate to contact me at the numbers enclosed. Not only am I in civil practice specializing in business law, I am a specialist in military law because I am an attorney in the Judge Advocate General�s Corp.

Respectfully Yours,

Russell D. Brown

Attorney & Counselor at Law

A Professional Limited Liability Corporation

3455 Burbank

Ann Arbor, Michigan 48105

(734) 668-4774

(734) 668-4710 fax

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Answered on 8/28/02, 10:19 pm


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