In Fryer v. A.S.A.P. Fire & Safety Corp., a jury awarded an Iraqi War veteran $505,000 for back pay, front pay, and emotional distress, finding his employer liable for violating the  reemployment, discrimination, and retaliation provisions of USERRA.  Fryer worked as a sprinkler fitter prior to his deployment.  When he returned from Iraq, he was rehired as a sprinkler helper and later terminated.  After losing a five day jury trial, the defendants filed a three sentence motion requesting a new trial or remittitur.  Without any explanation or supporting memorandum, the motion alleged that the verdict was contrary to the evidence and a miscarriage of justice and that the damages were outrageously excessive. 

The judge concluded that the defendants’ failure to support their argument with any “closely related document” was sufficient to deny the motion and found sufficient evidence to support the jury’s verdict.  She agreed that the employer’s excuses were pretextual and rejected any notion that the award was not fully supported by the evidence introduced at trial.  In particular, she held that an employer may not “refuse to reemploy [a military service member] on the basis that another employee was hired to fill the reemployment position during the [military member’s] absence, even if reemployment might require the termination of that replacement employee.” 

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