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 [...]

The district court in Reyes v. Goya of Puerto Rico, Inc. held that the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) does not  per se preempt state tort law claims.  In reaching this result, the court clarified that the preemption provision under USERRA applies only where the second claim either “hinges upon the same [...]

A federal judge has ordered Wachovia Securities, LLC (“Wachovia”) to reinstate and pay $1.3 million in back pay and damages to a former financial advisor who alleged that the company violated his rights under the Uniformed Services Employment and Reemployment Rights Act (“USERRA”).  According to the former financial advisor, Wachovia violated his USERRA rights when [...]

Rep. Artur Davis (D-Al.) has introduced H.R. 1474 to strengthen protections for veterans, reservists and other members of the uniformed services who return to the workforce after military service or active duty.  The bill, which amends the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), codified at 38 U.S.C. §§ 4301 - 4333, would improve [...]

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 [...]

Principal Adam Augustine Carter of The Employment Law Group® law firm was featured on Avvo for his legal guide on the Uniformed Services Employment and Reemployment Rights Act (USERRA).  The guide which provides an overview of employment rights and protections under USERRA can be found at http://www.avvo.com/legal-guides/ugc/uniformed-services-employment-reemployment-rights-act. 
The Employment Law Group® law firm routinely represents returning [...]

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 [...]