USERRA Law
 
United States of America v. Wal-Mart Stores, Inc.

Denver, CO - The United States of America sued Wal-Mart Stores, Inc. for violating the Uniformed Services Employment and Reemployment Rights Act of 1994.

The Department of Justice announced today the resolution of a lawsuit in which Naval Petty Officer Third Class Lindsey Hunger alleged that Walmart violated her rights when it failed to offer her employment at the Walmart store located at... More...
   $0 (01-08-2020 - CO)

United States of America v. City of Glendale, Arizona




Phoenix, AZ - Justice Department Settles Lawsuit Against Glendale, Arizona, for Violating the USERRA Rights of Arizona Air National Guard Member

The Department of Justice announced that a settlement has been reached with the City of Glendale... More...
   $1 (04-01-2019 - AZ)

United States of America v. Lawn Doctors of Stafford-Culpepper, d/b/a Beck I, LLC




Alexandria, VA - Local Virginia Business Settles Claim It Violated Servicemember’s Rights

The Department of Justice and the U.S. Attorney’s office of the Eastern District of Virginia today announced a settlement with Lawn Doctor of Stafford-Culpepper (doing business as Beck I LLC).... More...
   $0 (03-18-2019 - VA)

Jose Luis Hernandez v. Results Staffing, Inc.

“If this case is an example, the term ‘civil procedure’ is an oxymoron.” Green v. GTE Cal., Inc., 34 Cal. Rptr. 2d 517, 518 (Cal. Ct. App. 1994). It comes before us for a second time, more than five years after Results Staffing, Incorporated (“RSI”), fired Jose Hernandez for failing to report to work. Hernandez appeals the interlocutory order granting RSI’s Federal Rule of Civil Procedure 60(b) mo... More...   $0 (10-25-2018 - TX)

Samuel Scudder v. Dolgencorp. L.L.C., d/b/a Dollar General Store Federal Courthouse Eastern District of Arkansas - Little Rock, Arkansas

After returning from military service in Afghanistan, Samuel Scudder brought
suit against Dolgencorp, LLC, doing business as Dollar General Stores (“Dollar
General”), alleging the company denied him reemployment as required under the
Uniformed Services Employment and Reemployment Rights Act of 1994
(“USERRA”), 38 U.S.C. §§ 4301-4335. Scudder appeals the district court’s order
g... More...
   $0 (08-17-2018 - AR)

DAVID R. SMITH v. THE TENNESSEE NATIONAL GUARD

Mr. Smith joined the Guard in 1993 as “a traditional guardsman.” In February 2002, he was selected for a full-time position in the Active Guard Reserve (“AGR”). Seven years later, in 2009, Mr. Smith applied for senior developmental education at the Naval War College in Washington, D.C., and he was accepted. The Guard required Mr. Smith to leave his full-time AGR position when he began attending... More...   $0 (07-09-2018 - TN)

United States of America v. Hardin County Emergency Medical Services Western District of Kentucky Federal Courthouse - Louisville, Kentucky

Louisville, KY - Hardin County EMS Enters Settlement With United States To Resolve An American With Disabilities Complaint

United States Attorney Russell M. Coleman announced the settlement agreement with Hardin County Emergency Medical Services (HCEMS), on March 28, 2018, to resolve a complaint, under the Americans with Disabilities Act (ADA), regarding the provision of emergency medica... More...
   $0 (04-16-2018 - KY)

Jose Flores; Ryan Reyes; Brian Perez v. City of Westminster, et al. Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Jose Flores, Ryan Reyes, and Brian Perez, three police officers of Latino descent (collectively, “Plaintiffs”), sued their employer and, after a nine-day jury trial, they won. The officers alleged that the City of Westminster (“the City” or “the Department”) as well as current and former Westminster Police Chiefs Mitchell Waller, Andrew Hall, Ronald Coopman, and Kevin Baker (“the Chiefs”), discrim... More...   $0 (10-11-2017 - CA)

United States of America v. Duval County Sheriff's Department United State District Courthouse - Houston, Texas

Houston, TX - Department of Justice Settles Employment Discrimination Claim on Behalf of U.S. Army Reservist

The United States Department of Justice has resolved a claim that the Duval County Sheriff’s Department violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by terminating U.S. Army Reservist Jonathan J. Melendez (Melendez) on two occasions and re... More...
   $0 (09-20-2017 - TX)

California Correctional Peace Officers Association v. Department of Corrections and Rehabilitation

The California Correctional Peace Officers Association (the Association) brought
a grievance on behalf of correctional officer Sammie Gardner, alleging a violation of his
rights under the Uniformed Services Employment and Reemployment Rights Act of 1994
(USERRA) (38 U.S.C. §§ 4301 et seq.). The grievance proceeded through the four-step
process set forth in the memorandum of underst... More...
   $0 (09-09-2017 - CA)

United States of America v. Pierce County Transportation Benefit Area Corporation of Pierce County Federal Courthouse - Seattle, Washington

Seattle, WA - Justice Department Reaches Settlement Agreement with Washington State Public Transit System on Behalf of Washington Army National Guard Member

The Department of Justice announced today that it has reached a settlement agreement with Pierce County Transportation Benefit Area Corporation of Pierce County, Washington. The settlement resolves allegations that Pierce Transit viol... More...
   $0 (06-02-2017 - WA)

Kenneth E. Savage v. Federal Express Corporation

Kenneth Savage worked as an aviation mechanic
for FedEx, while simultaneously serving as a lieutenant in the United States Naval Reserve. He
was terminated by FedEx for violating its reduced-rate shipping policy and acceptable conduct
policy. Savage brought claims against Federal Express Corporation d/b/a FedEx Express, FedEx
Corporation Employees’ Pension Plan, and FedEx Corporati... More...
   $0 (05-10-2017 - TN)

Ramirez v. New Mexico Children, Youth and Families Department

Congress enacted USERRA to encourage noncareer military service, to
7 minimize disruptions in the lives and communities of those who serve in the
8 uniformed services, and “to prohibit discrimination against persons because of their
9 service in the uniformed services.” 38 U.S.C. § 4301(a)(1)-(3). Congress created
10 USERRA pursuant to its War Powers set forth in Article I, Section... More...
   $0 (04-16-2016 - NM)

LuzMaria Arroyo v. Volvo Group North America, LLC d/b/a Volvo Parts of North America

LuzMaria Arroyo is an Army Reservist
and veteran who suffers from post-traumatic stress
disorder (“PTSD”). She worked for Volvo Group North
America, LLC, d/b/a Volvo Parts North America (“Volvo”)
from June 2005 until she was fired in November 2011. Volvo
says it fired her for violations of its attendance policy, but
2 No. 14-3618
Arroyo claims the real reason was discr... More...
   $0 (10-06-2015 - IL)

Maria Rebolledo v. Tilly's Inc.

Tilly’s Inc. and World of Jeans & Tops, Inc. (hereafter collectively referred to in the singular as Employer) appeal from the trial court’s order denying its motion to compel arbitration of Maria Rebolledo’s putative class action regarding statutory wage claims. We agree with the trial court’s conclusion the parties’ arbitration agreement expressly excluded statutory wage claims from the... More...   $0 (08-06-2014 - CA)

Michael L. Lobato v. State of New Mexico

Michael Lobato was a probationary employee at the New Mexico Environmental Department’s Farmington office. His status as a probationary employee meant he could be fired at will and without a right to appeal the decision, so long as the department’s reasons were provided in writing. Before completing his probationary period, Lobato was fired. In a letter explaining its decision, NMED cited Loba... More...   $0 (11-05-2013 - NM)

Lockheed Martin Corporation v. Administrative Review Board, United States Department of Labor

Lockheed Martin Corp. (“Lockheed”) seeks to set aside a decision of the Administrative Review Board of the Department of Labor (the “ARB” or the “Board”) concluding Lockheed violated Section 806 of the Sarbanes-Oxley Act of 2002 (“Sarbanes-Oxley” or the “Act”). See 18 U.S.C. § 1514A(a). The Board affirmed the decision of an administrative law judge (“ALJ”), who concluded L... More...   $0 (06-04-2013 - CO)

Jonathan C. McIntosh v. David Partridge, M.D.

Jonathon C. McIntosh, D.D.S. appeals the trial court’s judgment dismissing his case for want of prosecution. McIntosh presents one issue, asserting that the trial court “reversibly erred when it dismissed [his] cause of action with prejudice.”

We affirm the judgment as modified.

Background

McIntosh was the Director of Dentistry for the residents of the Richmond Sta... More...
   $0 (04-25-2013 - TX)

Solomon Sims, Jr. v. MVM, Inc.

This is an Age Discrimination in Employment Act of 1967 (“ADEA”) case. See 29 U.S.C. §621 et seq. Solomon Sims, Jr., claims that his former employer, MVM, Inc., discriminated against him on account of his age when it terminated his employment. MVM defended its decision by denying that Sims’ age, 71, was the reason for his discharge; rather, he was separated due to a reduction in force (“R... More...   $0 (01-17-2013 - GA)

Cody Thomas v. City of Bartlesville

Cody Thomas was hired as a police officer by the Bartlesville Police Department (BPD) on September 7, 2009, but he was considered a probationary employee for the first year of his employment. Thomas had no prior experience as a police officer and he attended Council for Law Enforcement Education and Training (CLEET) for approximately three months before actively serving as a BPD officer. Dkt. # 35... More...   $0 (06-27-2012 - OK)

Johnny Chappell v. The Bilco Company

Johnny Chappell was discharged from his employment with Bilco Company (Bilco) on August 10, 2007. He sued, alleging that his termination was the result of interference with and retaliation for his exercise of his rights under the Family Medical Leave Act (FMLA) and racial discrimination in violation of 42 U.S.C. § 1981. The district court granted 1 summary judgment for Bilco, and Chappell appeals... More...   $0 (04-05-2012 - AR)

Walleon Bobo v. United Parcel Service, Inc.

Walleon Bobo appeals the district court’s grant of summary judgment in favor of United Parcel Service, Inc. (UPS) on Bobo’s discrimination and retaliation claims brought under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and his race discrimination and retaliation claims brought under 42 U.S.C. § 1981, Title VII, and the Tennessee Human Rights Act (THRA). We AFFIRM t... More...   $0 (01-09-2012 - TN)

Walleon Bobo v. United Parcel Service Inc.

Walleon Bobo appeals the district court’s grant of summary judgment in favor of United Parcel Service, Inc. (UPS) on Bobo’s discrimination and retaliation claims brought under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and his race discrimination and retaliation claims brought under 42 U.S.C. § 1981, Title VII, and the Tennessee Human Rights Act (THRA). We AFFIRM ... More...   $0 (01-09-2012 - OH)

Mike Haligowski v. Mario Pantuso

California‟s Military and Veterans Code section 3941 prohibits employers from discriminating against members of the armed forces. In this case of first impression, we are asked to decide whether plaintiffs may hold supervisors personally liable for discrimination under section 394. We conclude that, like the California Fair Employment and Housing Act (the FEHA) (Gov. Code, § 12900 et seq.), ano... More...   $0 (11-10-2011 - CA)

Michael Serricchio v. Wachovia Securities, LLC

This is an appeal from three orders of the United States District Court for the District of Connecticut (Arterton, J.): (1) denying summary judgment to Appellant Wachovia Securities LLC (“Wachovia”)1 on the ground that Appellee Michael Serricchio had adequately requested reinstatement to his prior employment position following a period of active military duty; (2) awarding liquidated damages, ... More...   $0 (09-13-2011 - NY)

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