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I am seeking to file a lawsuit for the amount of my VA

Customer Question
I am seeking to...

I am seeking to file a lawsuit for the amount of my VA educational benefits because of a discimintory act

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

This was from 2000-2007

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Direct employee

Submitted: 11 months ago.Category: Employment Law
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Customer reply replied 11 months ago
Texas
Customer reply replied 11 months ago
I need to step away for about an hour.
Answered in 4 minutes by:
9/16/2017
Employment Lawyer: P. Simmons, Lawyer replied 11 months ago
P. Simmons
P. Simmons, Lawyer
Category: Employment Law
Satisfied Customers: 37,715
Experience: Employment Law Expert
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Employment Lawyer: P. Simmons, Lawyer replied 11 months ago

I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this?

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Customer reply replied 11 months ago
I will detail it out. I started with Textron (Bell Helicopter) in Amarillo Texas in Feb of 2000. Our benefits package consisted of TA up to a certain dollar amount. I had spoke with other veterans and although the TA package offered by the company was good, it did not cover the expenses of the classes. So veterans were simply drawing from their GI bills which was an investment that we paid into for the first several years of our service. This covered additional expenses like books and other expenditures not covered by the company TA. One individual (who was single and making a larger salary than I, at the time) decided to use his GI bill money for his Harley payment and made it known to everyone. This was about the same time I enrolled to take classes at UOP and take advantage of my TA benefits and the use of my GI bill because it had a time limit attached for it's use. (I separated in 1999 and had about 7 to 10 years to use it). At the time though I was a single parent of three children, so I had no intention of using the TA and GI Bill combination for a Harley. However, the HR department at the time felt jaded by this individual who got his degree and then left the company for officer candidate school. So they rolled out a document that made you choose between TA or the GI Bill for those who were veterans. The thought behind this was that it would level the playing field for people who were not veterans and allowed everyone in the company to select one or the other. All good in principle, but the veterans paid into the GI Bill so that they made an investment in themselves during service and that money could be used WHILE going to school, not necessarily to PAY for school. You can call any VA benefits office and the GI Bill was not created to only pay for higher education and they don't care where you spend your invested money, so long as you are enrolled in higher education. By virtue of the companies change in policy for the veteran to self identify when applying for Textron TA which was a benefit given to ALL employees, it forced veterans to forfeit the benefit they paid into. I spent 7 years with Textron in Amarillo and lost my entire VA benefit because of this policy. At the time it was 36K, but today it is much higher, but I imagine it is because the GI Bill funds that haven't been used or expired before use have rolled into the next generation. So based on this information, is their grounds to sue for loss of my (and others) (class action) GI Bill benefits based on discriminatory practices deployed by the employer which had no bearing on their expenditures?
Customer reply replied 11 months ago
I am not seeking to spend a ton of money on this inquiry, however I believe that I can recover my money and protect veterans in the future from this egregious behavior and make you a ton of cash doing so. It has discriminatory behavior written all over it.
Employment Lawyer: P. Simmons, Lawyer replied 11 months ago

Thanks for responding. But I want to make sure I understand...you mention discrimination. Discrimination is common and legal (in most cases) in the workforce. For example, an employer can discriminate based on education (or lack thereof)...what is the discrimination you are describing...WHY were they discriminating against you?

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Customer reply replied 11 months ago
Discrimibation against the veteran for use of his "paid into" benefit and being told that we were not entitled to the same benefits all employees were to have available. We signed avreements about our benefits and no where in that agreement did it state veterans would be treated less than the other employees.
Employment Lawyer: P. Simmons, Lawyer replied 11 months ago

Thank you
I agree...that is discrimination. But it is not illegal.

Illegal discrimination occurs when an employer discriminates against an employee based on a protected class.

In TX that includes Age, Gender, Color, Race, National Origin, Religion, Disability, Emergency Evacuation

What you are describing, it does not seem to match any of the above classes.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that this is illegal, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Employment Lawyer: P. Simmons, Lawyer replied 11 months ago

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil

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