Law Offices of Louis Spitters

Veteran files wrongful termination claim against sheriff's office

When one serves his or her country through the armed forces, he or she is entitled to certain protections under federal laws. However, there are situations that arise when an employee believes those rights were violated through an alleged wrongful termination. California veterans or other workers who believe they have faced any discrimination are assured of their rights to seek a just resolution. 

One man, who had served as a National Guardsman for six years, sought and obtained employment with his local sheriff's department. His position was within the trucking regulation department. However, in January of this year, he notified his supervisor of his intention to re-enlist in the National Guard as a means of enhancing his effectiveness as a deputy and attain his goal of earning his pilot's license.

Shortly after beginning basic training, he suffered an ankle injury that resulted in severe back pain. A physician then diagnosed the 35-year-old man with two painful spine conditions. After leaving the service, he decided to reapply for his former position within the time frame stipulated by the federal Uniformed Services Employment and Reemployment Rights Act. The human resources office replied with a request for information regarding any physical limitations. Before a county physician could assess his fitness for duty, the sheriff -- on the advice of the county's State's Attorney's office -- made the decision to terminate his employment on the basis of unfitness for the position's demands.

The veteran has denounced that decision and alleged that he was denied the opportunity to be assigned to a less demanding position. He has further stated that he was expected to experience improvement in his physical condition after a period of recommended therapy. He has now filed a wrongful termination complaint with the Department of Labor. California workers -- whether a veteran or not -- are also entitled to protect their rights to a discrimination-free workplace. If one believes that he or she was unjustly terminated from a position, he or she may wish to consult with an experienced employment law professional who can accurately assess one's case.

Source:, "Army veteran claims wrongful termination from Sheriff's Dept", Iain Woessner, Aug. 28, 2017

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Law Offices of Louis Spitters
96 North 3rd Street
Suite 500
San Jose, CA 95112

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