Army Service Member Lawsuit

Lawyers for the United States Department of Justice (”DOJ”) announced in a November 5, 2009 Press Release at http://www.justice.gov/opa/pr/2009/November/09-crt-1197.html that the United States reached a settlement that will resolve its lawsuit filed on behalf of a retired Army service member against Knight Protective Service Inc.  According to the DOJ Press Release, lawyers alleged in the complaint that the company willfully violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (”USERRA”) by failing to promptly and properly reemploy the retired Army service member upon his return from active military duty in the position he would have held had his employment not been interrupted by his military service.  As stated in the Press Release, the company must pay $7,839.61 in compensation.  The DOJ’s Civil Rights Division has given a high priority to the enforcement of service members’ rights under USERRA.  During 2009, the Civil Rights Division has filed 21 USERRA lawsuits on behalf of service members.