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Employment contracts must make allowances for military personnel

Entering into an employment agreement with a company in Kentucky involves an understanding between the employer and employee that certain terms and conditions of employment will be met by both parties. The employer will pay the employee for work performed and the employee agrees to do the work. Some jobs have a regular five day a week schedule and others, such as movie theaters, have a variable schedule. Employment contracts stipulate that an employee agrees to be available as scheduled. There is an exception for military personnel.

A young man graduating from high school went to work for a local movie chain, and a few years later he joined the National Guard and retained his job at the movie theater. During this time, he was promoted to management at the theater. He was always granted leave, as legally required, from his job to fulfill his military obligations though his supervisor did frequently complain that it was an inconvenience. When the man could not work a late opening night special because of military obligations, his supervisor fired him.

There is a law that protects military personnel from being dismissed from a job because of military obligations. It is called the Uniformed Services Employment and Reemployment Rights Act (USERRA). Military employees are a protected class under this law and cannot not be terminated for reasons tied solely to military service requirements.

A person in Kentucky who believes he or she has been discriminated against or dismissed from a job because of military obligations may want to review the protections afforded by the law in regard to employment contracts. A consultation with a knowledgeable attorney can help one better understand the rights the law provides. An experienced lawyer can review the facts of an individual's case and advise him or her as to what legal options are available.

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