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.
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.
In 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.
In 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.
In 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.
In an unpublished decision Nazario v. City of Riverside, the Ninth Circuit Court of Appeals upheld the trial court’s decision to dismiss a discharged Riverside PD officer’s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.
In 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.
In 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.
