May 2009 Archives

May 11, 2009

Suits Alleging Discrimination of Returning Soldiers by Employers on the Rise

crutches-and-soldiers.jpgMany injured men and women returning from military service are facing discrimination from employers as they return to civilian life.  The U.S. Department of Justice (DOJ) has noted that there has been a rise in filings against employers that discriminate against returning injured soldiers who are either being demoted or denied work altogether.  The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law intended to ensure that individuals who serve or have served in the military (1) are not disadvantaged in their civilian careers because of their service; (2) are promptly reemployed in their civilian jobs upon their return from duty; and (3) are not discriminated against in employment based on past, present, or future military service.  

Suits are being filed nationwide against employers -- almost on a weekly basis -- for failing to promptly re-employ returning service men and women.

Read more about the rise in filings of discrimination in violation of the USERRA and know your rights under the USERRA.  For more information on the USERRA  contact an Employment Law Attorney at Miller & Falkner.

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May 4, 2009

Employer Cutbacks Costing Kentucky and Indiana Employees

In a recent article, MSNBC discussed cost cutting measures many employers are implementing as a consequence of the current economic recession.  While much attention has been placed on the rising unemployment rate which hit 8.5 percent in March 2009 with 663,000 jobs lost, the employees who have so far survived the lay offs are not out of the woods.  A recent poll by the Society of Human Resource Management found that 15 percent of employers have implemented salary reduction and that 24 percent were likely to do the same in the next half of the year. 

HLG_Employee_Squeeze.gifThe poll also listed some of the top cost cutting measures employers have made in the previous six months.  These measures include:

Health Care Coverage for employees:  Reduced 78%, Frozen 22%

Health Care Coverage for Spouses/Dependents:  Reduced 72%, Frozen 24%, Eliminated 3%

Employer Match to Retirement Savings Plans:  Reduced 47%, Frozen 32%, Eliminated 21%

Paid Time Off:  Reduced 44%

While many companies are within their legal rights to make these cutbacks, employers cannot advesrsly impact an employees job or benefits based on a illegal form of discrimination, such as their race, gender age, national origin, religiion or in some instances, a disability. 

To determine if your company is justified in making a cutback, or if they are breaking the law, you can contact the Kentucky Labor Cabinet or a Labor and Employment Law Attorney at Miller and Falkner