PRACTICE AREA

Severance Negotiations & Agreements

Veterans put everything on the line for us, and those who are lucky enough to return home, do so with a bevy of legal protections in the workplace. Despite this, they disproportionately face significant challenges once they get home.

For example, the unemployment rate for veterans is significantly higher than the general population, and in particular, those on the front lines (the infantry) face the highest level of unemployment. There is a glimmer of legal hope though.

Uniformed Services Employment/Reemployment Rights Act (USERA)

The Uniformed Services Employment/Reemployment Rights Act or USERA provides three broad umbrellas of protection.

Duty to Reemploy

First, employers have a duty to re-employ those who leave for a tour of less than 5 years. So they have a duty to return them to a position that is similar in every way, in pay, in benefits, etc., to the job that they left. So when servicemen return, employers have a duty to do that under USERA.

War Veteran Discrimination Protections

Second, USERA protects all veterans from being discriminated against for serving their country. In other words, an employer can’t refuse to hire a war veteran because they served. That’s illegal under USERA.

Protections for Disabled Veterans

Third, USERA grants protection to disabled veterans. In other words, those who are hurt while serving our country, USERA demands that employers make an effort to reasonably accommodate those returning from service with an injury or disability, and an affinity to do so is illegal.

What are veterans’ rights in the workplace in NC?

North Carolina laws also provide significant protections to veterans’ rights in the workplace. It is a misdemeanor in North Carolina to discriminate against a servicemen or returning veteran because they served, and doing so would be patently illegal.

Discrimination on the basis of service against those who served our country is a despicable form of workplace discrimination and it’s something that we endeavor to fight against. Our veterans have sacrificed so much. At Van Kampen Law, we like to do our part to help.

Client Reviews

See what our clients have to say

We were incredibly grateful for the referral to Van Kampen Law for their specialized expertise in representing employees in employment law matters. Josh Van Kampen and his entire team have been remarkable and did not disappoint. They are personable, pragmatic, and professional while maintaining a high level of sensitivity and compassion. When working with Josh, Josie, Anna and Carmen, it is clear they are passionate about the work they do in representing their clients; they never lose sight of the very real person, with very real circumstances, needing remedy in front of them. I can’t recommend Van Kampen Law highly enough.
J.S., Healthcare Executive
I had an excellent experience with Mr. Josh Van Kampen and his staff (Carmen and Anna specifically.) They were very responsive and started working on my case the same day I contacted them. They were persistent and effective. My case was settled thru mediation and given the circumstance I was pleased. Josh aggressive yet appropriate and thorough. My case involved employment law and I have No reservations in recommending this firm.
G.M., Medical Professional
I had been an HR professional for 30 years when I was questionably discharged from my employer. It was a painful and confusing experience. I had always been on the employer’s side of disputes. I talked withJosh Van Kampen and he helped me understand the realistic possibilities to fairly settle the situation with my former employer. The staff at Van Kampen Law made it easy to pull all the right documentation together. They got me 6months’ severance pay with fully paid benefits. That gave me the time and confidence to start my own business.

Thank you Josh and Team!
P.M., HR Professional

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