Military Employment Rights

The Department of Justice (”DOJ”) Civil Rights Division announced in June 29, 2009 Press Release the filing of its 17th Uniformed Services Employment and Reemployment Rights Act (”USERRA”) lawsuit this year.  According to the DOJ Press Release, the DOJ filed a USERRA lawsuit in Las Vegas against Stonescrape Pavers LLC alleging that the company willfully violated USERRA by firing an employee without cause when he returned from active duty. See, http://www.usdoj.gov/opa/pr/2009/June/09-ag-638.html .  As stated in the Press Release, the employee, a former Utah Army National Guardsman and current Airforce Reservist, was a salesman for the company when he was called to active duty to deploy to Iraq with the Utah Army National Guard in January of 2006.  After he was honorably discharged in June 2006, he was reemployed.  The DOJ alleges that the company terminated him without cause in August of 2006 during his statutorily protected reemployment time period.  In this regard, USERRA prohibits employers from discriminating or retaliating against employees or applicants for employment because of their past, current or future military obligations.  Subject to certain conditions, USERRA requires that employers promptly reemploy returning service members and prohibits employers from terminating members except for cause for 180 days after their reemployment.  Additional information about USERRA can be found on the DOJ’s website at, for example, http://www.usdoj.gov/crt/emp . 

Whether employment discrimination against military service members occurs in Beaumont, Galveston, McAllen or elsewhere, military service victims of employment discrimination may contact the DOJ and an attorney or lawyer to determine if a military leave lawsuit is ultimately appropriate under the particular circumstances and facts of the potential USERRA claim.