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

UPDATED: Oct 1, 2022

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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 4 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.

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