Can a company refuse to hire a person who is in the Active Army reserves?

My son was recently discharged from the Army and now is in the Active Reserves. Can a company refuse to hire him because he is in the Army Active Reserves?

Asked on March 7, 2018 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, they may not: the law prohibits discriminating in employment against someone due to membership in the reserves. If a company refuses to hire him for that reason, try contacting the U.S. Attorney's Office for your district/region: they may be able to help you (saving you from hiring a private attorney). In law school, I interned at the U.S. Attorney's office: I worked on a case where we litigated on behalf of an Air Force reservist terminated for having to do his reserve duty. (We won and had him reinstated.) Good luck, and please accept a "thank you" on behalf of your son for his service.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.