Legal Question in Employment Law in New York

Military leave and employment

I would like to know, what the New York State law is regarding Military leave while employed in the private sector. I was recently employed in a retail store for security. I had advised them prior to employment that I am in the Air National Guard and attend the military one weekend a Month. Also I am commited to two weeks during the summer. I was informed today that I would be terminated due to the time I must take off for my military obligations. Please inform me of the laws governing this matter.

Thank you,

Martin J. Motherway


Asked on 6/11/01, 6:56 pm

1 Answer from Attorneys

Kenneth J. Ashman Ashman Law Offices, LLC

Re: Military leave and employment

My understanding is that the leave for military duty -- including reserve duty -- is a protected class from employment termination. Your employer may very well have acted unlawfully.

-- Kenneth J. Ashman; Ashman Law Offices, LLC; NY & Chgo offices; 312-648-1700

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Answered on 8/24/01, 5:33 pm


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