In 2019, I wrote about the Torres v Dept. of Public Safety case here. That case has now been decided in favor of Capt. Leroy Torres, a Texas Guardsmen. The DPS would not accommodate his illness, which he contracted during his tour in Iraq. Capt. Torres then filed suit under the Uniformed Services Employment
The U.S. Congress passed the Uniform Services Employment and Reemployment Rights Act in 1994. Congress based the act on the “necessary and proper” clause of Article I, Section 8 of the U.S. Constitution. That means, said the Corpus Christi court of appeals, that the act did not waive sovereign immunity of the states. See Texas
According to a May 28, 2017 article in the Austin American-Statesman, members of Congress, including Lloyd Doggett, asked the Department of Labor to change rules that shield frequent violators of USERRA. USERRA is the law that protects Guardsmen, Reservists and other service members from discrimination in their civilian jobs. Some employers just do not
Arbitration of legal disputes has become so common that now it has even invaded the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Navy Lt. Kevin Ziober filed suit against his former employer after it fired him. BLB Resources, Inc. fired him on his last day of work before just before he deployed
One would hope for better from the U.S. Postal Service. They employ many veterans. They have a veterans hiring program. But, in the case of Army Reserve Sergeant Major Richard Erickson, the USPS attempted to terminate his employment even before the wars in Iraq and Afghanistan started. SGM Erickson was fired from his USPS job
A reader asks a question. Her business employs a Reservist who will be gone for two weeks doing military training. The employer understands it needs to give him his time off. But, does the business also need to pay him his salary during his absence?
Good question. No, the Uniformed Services Employment and Reemployment
The Sixth Circuit has rendered a decision regarding a veteran who sued under the Rehabilitation Act of 1973, 29 U.S.C. §791. The Rehab act applies to federal employees who have disabilities. The Americans with Disabilities Act was based in large part on the Rehab Act. In this Sixth Circuit decision, the appellate court affirmed the