An Air Foce Reservist is one step closer to receiving his award of $926,506 in lost pay and benefits. The 2d Circuit Court of Appeals upheld a lower court ruling that Michael Serricchio suffered discrimination when his employer changed his sales plan after he returned from active duty. Wachovia paid Mr. Serricchio commissions as a financial advisor. After returning from active duty, Wachovia changed his sales leads to "cold calls" instead of offering him his original clients or comparable customers.
Wachovia had argued that it was only required to offer a returning Reservist the same commission structure without reference to the advisor’s prior book of business. Thus, in effect, the employer had argued that the returning Reservist was required to build back his book of customers. If he did not, tough luck.
The new employer, due to corporate changes is Wells Fargo. The trial court ordered Wells Fargo to pay Mr. Serricchio a draw of $12,300 for the next nine months while be builds up his business. He was awarded $389,453 in lost pay. The Uniformed Services Employment and Reemployment Act (USERRA) does not provide for emotional suffering type damages. The USERRA Act only provides for lost pay and benefits.