In an appeal before the United States Court of Appeals for the Seventh Circuit, the National Employment Lawyers Association (“NELA”) filed an amicus brief arguing that the district court erred in Middleton v. City of Chicago, when it applied the catchall four-year limitations period contained in 28 U.S.C. § 1658 to Middleton’s USERRA claim.  In [...]

On April 16, 2009, Principal Scott Oswald of The Employment Law Group® law firm will speak at a D.C. Bar CLE event titled, “Litigating Under the Uniformed Services Employment and Reemployment Rights Act.”  The seminar will provide an overview of the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) including practical advice for litigating USERRA [...]

In Gingery v. Department of Defense, the Federal Circuit held that the Defense Contractor Audit Agency (“DCAA”) violated the Veterans Employment Opportunities Act (“VEOA”) by hiring two non-preference eligible individuals for an excepted service position under the Federal Career Intern Program (“FCIP”) instead of Stephen Gingery, a disabled veteran and preference eligible candidate.  In his [...]