Email to a friend

Letter to the Editor: Incorrect

I recently read an article incorrectly titled “Employers Could Be Indicted for Servicemen Discrimination.” An employer will never be indicted for violating the Uniformed Services Employment and Reemployment Rights Act, or USERRA. In order to be indicted, a formal accusation of having committed a criminal offense must be made and discrimination is not considered a crime.

With that being said, the law protects the future of our armed service members. USERRA requires service members who leave their jobs to serve in the United States military be reemployed by their civilian employers in the same position that they would have held had they not left. Our country’s men and women serving in the fight against terrorism do not deserve to be discriminated against by their employers, regardless of how long they have been deployed. Their job should be waiting for them when they return home.

As a current major in the National Guard and a victim of discrimination under USERRA myself, I feel obligated to make sure soldiers who are protecting our country do not come home from a military leave of absence to find they have o job or security network for their family. When I returned home from a deployment to Korea, my civilian employer made me low man on the totem pole. After fighting hard for my own rights, I went to law school so I could help other members of the armed forces in their discrimination case.

Since, my law firm, Tully Rinckey PLLC, has made a name for itself representing reservists and veterans who have had their employment rights taken away from them. Our success had led to many wins, including compensation for the servicemen protected under USERRA.

It’s especially important to me that rules and regulations under USERRA are interpreted correctly, whether it be in a newspaper article or in front of the federal circuit. This law is crucial to those who it applies to. Our fighting men and women deserve every right afforded to them by law.


Attorney Locator

Find an attorney near you.
Click below.

Contact Us

  • Tully Rinckey announces new hires and promotion

    Derrick T. Hogan was promoted to senior associate, overseeing the criminal defense practice in Albany. Hogan joined as a law clerk in 2009. Morgan Smith joined as recruitment manager. Smith has more than 14 years of staffing and recruitment experience and previously …

  • Albany Police Officer Arrested

    Officer Caught on Camera Slamming 15-Year old Girl Albany Police Chief Brendan Cox says on July 26th, Officer Ervis Miftari was called to St. Anne Institute, a rehabilitation center for troubled girls, to help with one of the residents, who …

Read All

  • Free Download: EEOC 2016 Update White Paper

    You Could Be Sharing Confidential Info and Not Even Know It Tully Rinckey’s white paper details the Equal Employment Opportunity’s (“EEOC”) nationwide change to procedure that has gone largely unnoticed. The new procedure applies to Charges filed on or after …

Read All

Read All

  • Tully Rinckey PLLC Binghamton Office Ribbon Cutting

    You’re Invited: Tully Rinckey PLLC Binghamton Office Ribbon Cutting Tully Rinckey PLLC, an upstate-wide coast-to-coast 70 attorney full-service law firm, is holding a ribbon cutting for its new office space at 4100 Vestal Road, Suite 104, Vestal, NY 13850 on …

Read All