The Department of Justice (DOJ) recently settled a lawsuit against Lowe’s, a major hardware department store chain, citing violations of the Uniform Services Employment and Reemployment Rights Act (USERRA). USERRA mandates employers to rehire employees returning from a military deployment and not to terminate their employment for at least one year.

The DOJ determined that Lowe’s violated USERRA when the company dismissed Matthew King, a U.S. Army National Guard soldier and Iraq War veteran, without just cause.  King began his employment with Lowe’s in April 2008.  In September 2008, King notified Lowe’s of his impending deployment to Iraq, where he performed his military duties until May 2010.  After King’s honorable discharge, Lowe’s reinstated him to his previous position.  King’s manager questioned King about King’s earlier pursuit of unemployment benefits when he returned from his deployment.  Although King had dropped his unemployment claim and had never received any unemployment benefits, Lowe’s fired him.

King then sought support from the Veterans’ Employment and Training Service (VETS).  VETS determined that Lowe’s had violated USERRA by firing King without just cause within a year of his rehiring.  VETS referred the case to the DOJ Civil Rights Division, which advocated on behalf of King.  Lowe’s and the DOJ reached a settlement in which Lowe’s agreed to compensate King with $45,000 in liquidated damages and back pay.