California Public Agency Labor & Employment Blog

California Public Agency Labor & Employment Blog

Useful information for navigating legal challenges

Category Archives: Military Leave

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Individual Employees Cannot Be Sued In State Court For Military Discrimination

Posted in Discrimination, Military Discrimination, Military Leave
California’s Military and Veterans Code contains protections against discrimination for members of the armed forces.  Recently, the issue of whether an individual can be held personally liable for discrimination was addressed.  In Haligowski v. Superior Court of Los Angeles County, the Court of Appeal held that employees who are members of the armed forces may… Continue Reading

Employer Had “Reasonable Cause” For Termination Based On Job Abandonment And Did Not Discriminate Based On Employee’s Previous Military Leave

Posted in Military Leave, USERRA
It seems every employer has dealt with an employee who is chronically absent and fails to keep the employer informed of his or her absence.  Employers wonder “is this job abandonment?” “When is enough, enough?” and “What if the employee is not on a protected leave now, but was previously?  Does that look suspect if… Continue Reading

When Johnny Comes Marching Home; Military Veterans Return To Work Rights (Part 2 of 2)

Posted in Military Leave, USERRA
This guest post was authored by Timothy Owen This is the second installment of a 2-part series on military leave law.  Part 1 discussed basic principles.  This installment explains why the position to which a returning veteran is reinstated depends on whether advancement in that particular job classification is based on seniority or merit.  … Continue Reading