Military Army Reservist Recovers $70,000 in USERRA Claim
This client claimed that his employer terminated him because he was missing too much work as a result of his military reserve obligations. The client was required to appear at his local base for 2 days each month, and 15 days once per year for annual training. For the first few months of the client’s employment, his supervisor was visibly bothered by his monthly military obligations. His supervisor even told him that his military obligations were causing the company to lose money, and that he may want to start looking for another job. When the time came for annual training, the client verbally notified his supervisor that he would be absent from work for 15 days. During the client’s annual training, the supervisor claimed that he had no idea where the client was and sent him a text message asking him if he had quit his job. The client was shocked because he had already notified his employer that he would be absent for annual training. When the client returned to work after the completion of annual training, he was terminated for not providing written documentation of his orders from the Army. Robert S. Norell advised the client to contact the company’s human resources department and request the company to reconsider and hire him back. The company refused and advised the client that he was being terminated because he did not provide a copy of his orders. Robert S. Norell filed suit on behalf of this client against this well-known global power technology company for violation of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Military reservists are required to provide reasonable notice to their employers when they are called for reserve duty. There is no requirement that the reservist provide written notice (although written notice is advisable). Because the client’s termination was clearly illegal, the company did the right thing and settled the matter for $70,000 to compensate the client for his lost wages and emotional pain and suffering as a result of being wrongfully terminated. The USERRA protects military reservists from employment discrimination. Employment discrimination takes many forms from demotion, reassignment to a less desirable position, reduction of hours, harassment, to the ultimate: termination. If you feel that your employer is discriminating against you because of your military obligations, call the Law Office of Robert S. Norell, P.A. at 305-405-9243 so that your rights can be protected.