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Loophole allows companies to fire reservists

At a moment's notice, the reserves drop what they're doing and assist our armed forces when needed.

Most work regular jobs and live normal civilian lives. But a little known loophole is making difficult for some return to work after deployment

Lawsuits are bringing this issue to the forefront. There's a case out in California that's set to be heard in July, and several others are making headlines.

The defendant's thought is: when they come to career centers and sign up to be in the reserves, they would have certain level of protections.

It's a battle many in the military community feel they shouldn't have to fight, including Col. Len Loving of 5 Star Veterans Center.

"It should not happen under any circumstance," Loving said.

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According to the Navy Times, more companies over the past few years have expanded their use of arbitration agreements. In other words, some employers have their staff sign fine print contracts, surrendering their right to sue and agreeing to resolve disputes outside of court.

One lieutenant in the Navy Reserve, Kevin Ziober, got the call to go to Afghanistan in 2012, but was fired shortly before he left.

His lawsuit claims he was discriminated against because he was in the military. That's now for the courts to decide.

"Is it a loophole in there that allows this to occur – apparently it is. And it's something the federal government and Congress should take into consideration," Loving said.

There is a law on the books called USSERA, short for the Uniformed Services Employment and Reemployment Rights Act, designed to protect reservists from discrimination.

Loving said a national conversation needs to be had to tighten any loopholes and make sure our nations heroes aren't taken advantage of.

"I'm disappointed to know that would happen," Loving said.

So far, Congress has not voted on or addressed this issue, so for now, it will remain a topic for the court system.

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