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veteran status discrimination

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kennethjg86

Junior Member
I managed a jiffy lube and the owner told me my military obligation is an issue for my position, after that was stated I reported harassment from HR to my DM and the discrimination and all I have are witnesses is there anything I can do?
 


Zigner

Senior Member, Non-Attorney
I managed a jiffy lube and the owner told me my military obligation is an issue for my position, after that was stated I reported harassment from HR to my DM and the discrimination and all I have are witnesses is there anything I can do?
What state are you in?
What sort of discrimination have you experienced?
 

kennethjg86

Junior Member
California and I was told that my military obligation was becoming an issue with my employment I'm in the guard
As well they kept pressuring me to fire another veteran but to avoid paying unemployment they told me to cut his hours until he quit which I refused to do,
And harassment from my HR was when he told me to come to Xmas meeting there would be women and beer and don't worry your wife won't be there, I don't know who to report it to so I told my DM and he refuses to help
 

Zigner

Senior Member, Non-Attorney
California and I was told that my military obligation was becoming an issue with my employment I'm in the guard
Simply telling you that without acting on it really isn't discrimination.


As well they kept pressuring me to fire another veteran but to avoid paying unemployment they told me to cut his hours until he quit which I refused to do,
Perfectly legal on their part. In fact, you could have been terminated for insubordination if they were so inclined.


And harassment from my HR was when he told me to come to Xmas meeting there would be women and beer and don't worry your wife won't be there, I don't know who to report it to so I told my DM and he refuses to help
How is that harassment?



I'm sorry, but I'm just not seeing these things as legal problems.
 

kennethjg86

Junior Member
Then the owner of the company can simply tell me my service is an issue even tho veteran status is protected status under USERRA and human resources can simply speak as they please? And wouldn't cutting an employee's hours with the intent on making them quit isn't illigal?I don't see how it isn't a legal matter
 

Zigner

Senior Member, Non-Attorney
Then the owner of the company can simply tell me my service is an issue even tho veteran status is protected status under USERRA
Telling you that and acting on that are two different issues. If they have taken no adverse actions based on your status, then yes, he can tell you that.


and human resources can simply speak as they please?
Huh? They told you about a party. I don't see the problem.


And wouldn't cutting an employee's hours with the intent on making them quit isn't illigal?
Nope, not illegal.


I don't see how it isn't a legal matter
Again, based only on what you've posted, it just isn't.
 

justalayman

Senior Member
Then the owner of the company can simply tell me my service is an issue even tho veteran status is protected status under USERRA and human resources can simply speak as they please? And wouldn't cutting an employee's hours with the intent on making them quit isn't illigal?I don't see how it isn't a legal matter
Unless he acts on the statement that your military status is an issue you have nothing. The fact is; it probably is an issue as it does mean you must be allowed to attend your duties which is surely an issue to somebody running a Business but unless he does something he isn't allowed to do based on your military status, all it is is your boss lamenting how your military status causes him issues.

I'm not seeing hr saying anything unlawful. They made a statement. What's the issue in your mind?

No, cutting an employees hours to basically force them to quit is not illegal.
 

kennethjg86

Junior Member
I just don't see it fair that he tells me it's an issue and then suddenly I'm let go, I don't see how as a manager for them that they can use profanity and sexual comments of other employees as well withtrying to make me fire another veteran as well with them taking $200 per store out of the weekly deposit 13 stores total all this started when I asked why they wanted 200 a week from the deposit, there is so much going on with the shop and employees idk what is legal at all that's why I'm asking there is much more I mean they pay bonuses under the table and when there is a damage claim they keep employees bonus and they have made employees pay tills back without proof I hope someone can help iv told you the gist of it
 

justalayman

Senior Member
Have you been fired? If so, then yes you have a valid complaint. If he fires you without a very valid cause you would have a pretty good case of illegal discrimination due to your military status but as I read your posts, I presumed you are still employed, is that an incorrect assumption?

I see you added all sorts of claims to your original complaints. Some reason you weren't honest to start with?
 

Silverplum

Senior Member
I just don't see it fair that he tells me it's an issue and then suddenly I'm let go, I don't see how as a manager for them that they can use profanity and sexual comments of other employees as well withtrying to make me fire another veteran as well with them taking $200 per store out of the weekly deposit 13 stores total all this started when I asked why they wanted 200 a week from the deposit, there is so much going on with the shop and employees idk what is legal at all that's why I'm asking there is much more I mean they pay bonuses under the table and when there is a damage claim they keep employees bonus and they have made employees pay tills back without proof I hope someone can help iv told you the gist of it
More for consideration.
 

kennethjg86

Junior Member
I added more because there is more and no, I was terminated yesterday after requesting guidance from my DM.
I have never been disciplined for issues at or never written up, I'm still a bit upset about all that is going on and now the employees that were under me are looking for guidance however iv been told they aren't allowed to speak to me or they will be let go like I said this happen yesterday
 

Zigner

Senior Member, Non-Attorney
I added more because there is more and no, I was terminated yesterday after requesting guidance from my DM.
I have never been disciplined for issues at or never written up, I'm still a bit upset about all that is going on and now the employees that were under me are looking for guidance however iv been told they aren't allowed to speak to me or they will be let go like I said this happen yesterday
That really would have been nice to know - and I'm sorry that you lost your job.

You may wish to contact these folks: http://www.esgr.mil/USERRA/What-is-USERRA.aspx
 

kennethjg86

Junior Member
Just tried to explain as best without writing a novel however with everything that is going on I see that being difficult to do thanks for the advice
 

commentator

Senior Member
While you are researching the whole issue of being terminated due to your military responsibilities interfering with your work, file a claim for unemployment benefits. This will help you sort out the issues and figure out exactly what is going on in relation to what they say is the reason you were terminated.

That they tried to get you to cut someone's hours until they quit shows that they are cheap idiots who are on the look out for ways to try to knock people out of unemployment benefits even when they are legally entitled to them. That you refused to do it may have been borderline insubordination. And they may be truly rotten bad people who do a lot of bad rotten and unfair things on the job.

But actually, they have, by terminating you for what sounds like a clearly illegal reason, due to your military obligations, done you a favor.

File a claim for unemployment. Say exactly what you were told. Now, listen carefully to me. LEAVE OUT ALL THE EXTRA ISSUES. Okay? Forget about how they told you to treat some guy bad and you refused. How they invited you to a Christmas meeting that involved broads and booze and your wife won't find out, and that they are taking money out of the store's account, whatever else they did wrong and unfair and all those things. These things ARE NOT your job to report or fix or even to bring up.

Keep it related to one issue, and one issue only, and that is the reason you were terminated.

This trying to tell a big old general story about what an all-out bad place to work it was, and how they've done this and this and then this and then that just muddies up the issue to the point that it is impossible to tell whether or not something illegal actually occurred. Save it, stay on topic. Just the facts, please, the facts related to this one issue of why you have been terminated.

In regard to unemployment, it is legal for the employer to fire you for just about anything. However, when you have been fired, they cannot keep you from drawing unemployment benefits unless they can show they had a valid work related misconduct reason to fire you, with write ups, progressive discipline and your awareness that you needed to change your behavior or you would be fired. For them to say they were going to fire you because of your military service requirements was (for them) an incredibly dumb thing to do, because they could've told you they were going to fire you for having stinky feet, or a bad attitude or blue eyes, and that would've been legal, but firing someone in the guard because of their guard duties is not. So you want to keep it all related to that one issue. Be sure you tell the unemployment system that you always did your job to the best of your abilities.

Workplaces do not have to be fair. They do not have to treat people decently. They do not have to only fire people or get rid of them for good reasons. They do not have to be good to you because you are a veteran. Or a woman. Or a fine doggone person. They can steal money from their own accounts. They do not have to follow their own rules. They do, however, have to accommodate a veteran's military responsibilities. This is the issue you need to keep it related to.

Filing a claim for unemployment is not filing a complaint against the employer with the DOL. It is just the first one thing that you do, because everything else related to filing a claim of discrimination against them regarding veteran status is going to take a lot longer and will be done through totally different agencies.
 
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