If you are a service member or veteran, you know all too well the unique challenges that come along with transitioning to civilian careers or trying to balance military obligations with regular employment. Experiencing mistreatment, wrongful termination, or other forms of discrimination due to your veteran status is not only frustrating but illegal. At Wanta Thome, our dedicated team fights to protect the rights of people who serve our nation, and we make sure they get fair treatment in the workplace. You served your country. They broke the law. We hold them accountable.
Our results-driven employment attorneys have seen firsthand how complicated military service can be, and we fight against discrimination. Contact us today to schedule a consultation with a Minneapolis military employment lawyer who will stand up for your rights.
Unlawful employment practices involving military personnel are illegal on both a state and federal level.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) offers comprehensive protections for military personnel in the civilian workforce. This federal law prohibits discrimination based on military service, requires employers to provide leave for military duties, and guarantees reemployment rights for individuals who have served in the military.
USERRA covers all employers regardless of size and protects service members in the Army, Navy, Air Force, Marines, Coast Guard, Space Force, and reserve components. These protections extend to National Guard members when activated under federal orders.
Minnesota law prohibits discrimination against military service members and provides up to 20 days of unpaid leave annually for active service and training. Employers cannot discharge or discriminate against employees for attending military training or service. These complementary protections create a robust framework safeguarding military members’ employment rights. If you are a service member and have experienced a violation of these protections in Minneapolis, contact Wanta Thome to consult an attorney who is experienced in employment law.
Starting January 1, 2026, Minnesota’s Paid Family and Medical Leave program provides a significant new benefit for military families: up to 12 weeks of paid leave to support a family member called to active military duty.
This is a major expansion of military family protections. Minnesota employees who have earned at least $3,900 in the past year and work at least 50% of their time in Minnesota—regardless of employer size—qualify.
It covers time off to handle affairs when a family member is called to active duty, including childcare arrangements, financial and legal matters, attending military events, and other qualifying exigencies related to a family member’s deployment.
You’ll receive partial wage replacement between 55% and 90% of your regular wages, up to a maximum of $1,423 per week. In addition, if you’ve worked for your employer for at least 90 days, you have the right to return to your same position (or an equivalent one) after your leave.
Furthermore, Minnesota law prohibits employers from denying your Paid Leave application, interfering with your rights, or punishing you for taking military family leave. If your employer fires you, demotes you, or takes any adverse action after you request or take this leave, you may have a retaliation claim.
This protection applies to all Minnesota employers—unlike the federal FMLA, which excludes small employers. If you work for a company with fewer than 50 employees, Minnesota Paid Leave may be your only source of job-protected, paid time off to support your deploying family member.
Military status discrimination takes many forms in civilian workplaces. Your employer may refuse to hire you and other veterans based on stereotypes about PTSD or combat experience. Some companies view military reserve obligations as inconvenient disruptions to their operations. Service members often face hostile comments about their military service, questioning of their patriotism or political views, or assumptions about their fitness for civilian work. If this is your experience, our team of military employment attorneys can help you stand up to workplace discrimination in Minneapolis and hold your employer accountable under the law.
In addition, returning from military service should guarantee prompt reinstatement to your civilian position. However, employers often violate these rights by claiming positions were eliminated, refusing to restore seniority or benefits, or placing returning service members in inferior positions. If your employer has illegally delayed reinstatement or created obstacles to reemployment, call our office as soon as possible to begin taking legal action to defend your rights.
An attorney from our firm can also advise you on your rights during leave. USERRA requires service members to provide advance written or verbal notice of military service to employers unless giving notice is impossible, unreasonable, or precluded by military necessity.
USERRA protections also extend beyond keeping your job. Employers must treat military leave as continuous employment for purposes of vesting, seniority, and benefits eligibility, and pension plans must continue accruing during military service. Under USERRA, employers must offer continued health insurance coverage for up to 24 months of military service, though employees may be required to pay up to 102% of the full premium. When your employer breaks the law and denies you these benefits, our Minneapolis military employer attorneys can help you take action and recover just damages.
Our Minneapolis employment attorneys are familiar with enforcing the escalator principle, requiring returning service members to be placed in positions they would have attained had they not served in the military. This includes promotions, pay raises, increased responsibilities, and advancement. Employers cannot freeze your career progression while you are on military service. USERRA deadlines for applying for reemployment are as follows:
Furthermore, some service members return from military duty with service-related disabilities. Employers must provide reasonable accommodations enabling qualified veterans to perform essential job functions. This might include modified schedules for medical appointments, ergonomic equipment for physical limitations, or adjustments for PTSD symptoms. Employers can’t use disability as an excuse to deny reemployment if reasonable accommodations will enable you to effectively perform your job.
Your service to our country should be celebrated rather than used against you. Military service members and veterans deserve workplace respect and legal protection for their service and sacrifice. At Wanta Thome Employment Lawyers, we’re committed to defending the employment rights of those who defend our nation. Our legal team has been recognized by Super Lawyers, Best Lawyers, Avvo, and many other publications for our outstanding efforts in protecting the rights of workers. We work hard to get claims resolved quickly and efficiently, and we will always keep you informed of the status of your case.
Contact a Minneapolis military employment lawyer from our firm to discuss your situation and learn how we can protect your career while honoring your military commitments. Our consultations are free, and we work on a contingency fee basis, meaning you pay nothing upfront. Reach out to us today.