May 4, 2017 By

New York Court Finds Army Reservists Did Not Show Discrimination After Denial of Vacation and Sick Benefits

By Loyd Willaford and Sarah Burke

In Matter of Andrews v. State, a group of Army Reservists that were also employed by the New York Department of Corrections alleged the Department had the violated Uniformed Services Employment and Reemployment Rights Act after they were denied vacation and sick leave credit during their military absences. A New York court found the officers had failed to offer proof that other employees had received vacation and sick credit while on comparable types of leave and therefore could not continue on with their lawsuit.

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Filed Under: Discrimination, USERRA
June 11, 2016 By

U.S. District Court Denies Employer’s Motion to Dismiss Illinois Police Officer and Reserve Marine’s USERRA Retaliation Suit

marine dress lineBy: Jim Cline and Jordan L. Jones

In Bello v. Village. of Skokie, the U.S. District Court, Northern District of Illinois denied the employers motion to dismiss a police officer and reserve marine’s suit under the Uniformed Services Employment and Reemployment Rights Act (USERRA. The court held that the officer had stated a valid claim of discrimination and retaliation under USERRA warranting a trial.

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Filed Under: USERRA
December 29, 2014 By

Court Of Appeals For The Seventh Circuit Holds That A Police Officer Returning From Military Leave Was Entitled To Full Longevity Pay Under USERRA

By Jim Cline and Jordan L. Jones

USERRAIn DeLee v. City of Plymouth, the Court of Appeals for the Seventh Circuit held that a police officer returning from military leave was entitled to full longevity pay for his twelve years of employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The Court noted that the City’s of Plymouth’s “longevity benefit is more appropriately characterized as a reward for lengthy service rather than as compensation for worked performed the preceding year” and therefore protected by USERRA.

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Filed Under: USERRA
December 5, 2014 By

Federal District Court Denies Township’s Motion to Dismiss Pennsylvania Police Officer’s Employment Discrimination Complaint Following Active Duty with the Military

By Jordan Jones

userra-candidate-word-cloudIn Dubiak v. S. Abington Twp., the Court denied South Abington Township’s Motion to dismiss a police officer’s complaint that he was discriminated against in violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA) when he was not rehired following active duty with the Marine Corps.

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Filed Under: USERRA
March 28, 2014 By

Massachusetts Paramedic’s USERRA Claims Denied When He Fails to Prove Discrimination, Not Budget Cuts, Was Reason for Termination

By Emily Nelson

LayoffIn Rebello v. City of New Bedford, a federal district court granted summary judgment to the City on a Uniformed Services Employment and Reemployment Rights Act (USERRA) claim, after Paramedic Joseph J. Rebello failed to establish that his reserve service was the proximate cause of his discharge when he was laid off during a city-wide staffing reduction.

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Filed Under: Discrimination, USERRA
December 6, 2013 By

Ninth Circuit Holds that Crimes Committed as Soldier are Not Protected “Performance of Service” Under the USERRA

By Mitchel Wilson

Gavel'In an unpublished decision Nazario v. City of Riverside, the Ninth Circuit Court of Appeals upheld the trial court’s decision to dismiss a discharged Riverside PD officer’s Uniformed Services Employment and Reemployment Rights Act (“USERRA”) claims, denying him a trial, because he could not show he was fired and not rehired because of his military service.

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Filed Under: Disability Discrimination, Discrimination, Legal Rights, USERRA
August 15, 2013 By

Disabled Dallas School Liaison Officer Refuses to Take Psychological Exam to Stay in School

By Mitchel Wilson

Clip BoardIn Bennett v. Dallas Independent School District, 3:11-cv-00393-D (2013), the court granted summary judgment to the Dallas Independent School District (“DISD”) and dismissed Bennett’s claims under the ADA and Uniformed Services Employment and Reemployment Rights Act (“USERRA”) when Bennett refused to take a psychological exam following a disability related reassignment, and then stopped showing up for work entirely without providing any notice. Bennett was an officer with the school district from February 2001 until August 2010.  He was called to active duty of the US Army in Afghanistan from March 2005 to June 2006 and in Iraq from May 2007.  In Iraq, he suffered a knee injury resulting from an explosion of a rocket propelled grenade that struck his vehicle.  Because of his physical injuries, he could not perform the following necessary functions of the job for at least six months.

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Filed Under: Disability Discrimination, Discrimination, USERRA
August 13, 2013 By

Firefighter Promotion Candidate is Not Too Hot: Firefighter USERRA Claim Dismissed Amidst Unprofessional Conduct Rumors and Lack of Experience

By Mitchel Wilson

Case DismissedIn Landolfini v. City of Melburn, (2013), the court granted the defendant City summary judgment and dismissed Dominick Landolfi’s claim for discrimination under the USERRA.  Landolfini alleged that the City failed to promote him because he is a reservist in the air force and that he might be called away to serve. But the court concluded that his misconduct is what led to his promotion difficulties.

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Filed Under: Discrimination, USERRA