Magazine article Army Reserve Magazine

How to Avoid Money Problems When Returning Home

Magazine article Army Reserve Magazine

How to Avoid Money Problems When Returning Home

Article excerpt

News Briefs

Although Federal law mandates that active duty military personnel receive special consideration when it comes to their jobs and financial obligations, some employers and creditors do not know, understand or comply with the regulations. As a result, Army Reserve soldiers, among other military members, can find their return to civilian life complicated by lost jobs or unexpectedly high bills.

The lesson returning service members should know is this. If creditors do not follow the rules, soldiers should get legal assistance to make them comply. First, soldiers should ask their local judge advocate general attorney to write a letter explaining how their rights as a service member were violated. If that doesn't remedy the situation, soldiers should then consider suing in Federal court for the relief to which they are entitled. While judge advocates cannot take these cases, there are volunteer attorneys all over the country who will. The ombudsman service of the National Committee for Employer Support of the Guard and Reserve will help locate a lawyer.

Federal law also protects returning service members whose employers are unwilling to put them back on their jobs. The Uniformed Services Employment and Reemployment Rights Act (USERRA) has lots of case law supporting it. And the law is clear that service members are entitled to return to the jobs they previously held. Service members also must be treated for seniority and pension purposes as if there had been no time away for military service.

The service member who believes he or she has been wronged has the right to take the employer to court and seek back wages, penalties and legal fees. However, the best course of action is to first talk to the employer. Sometimes, there can be a misunderstanding. But, if that doesn't work, the service member should turn to his or her unit's judge advocate attorney. …

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.