In Petty v. Metropolitan Government of Nashville Davidson County, the Sixth Circuit held that a Nashville Police Department violated the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) by delaying reemployment to an employee returning from military duty.  Petty, a former police officer for the Metropolitan Government of Nashville Davidson County (“Metro”) alleged that Metro violated his rights under USERRA by denying him prompt reemployment on the grounds that he did not adhere to the department’s return-to-work process. 

The district court granted Metro’s motion for summary judgment, concluding that Metro’s return-to-work procedures could be applied to Petty because they were applicable to all individuals regardless of military service.  The Sixth Circuit reversed, concluding that USERRA prohibits an employer’s adoption of any policy, plan or practice that creates additional prerequisites to a service member’s statutory right to reemployment.  Finding that Petty’s failure to provide the separation papers he received from the military was “statutorily unnecessary” to exercise his right to reemployment, the Sixth Circuit remanded the case to the district court.