The fundamental principle of USERRA (Uniformed Services Employment and Reemployment Act) is that a person should not suffer because s/he participates in the National Guard or Reserve duty. I wrote previously about one Reservist, Cpt. Nicole Mitchell, who very likely lost her job as anchor for the Weather Channel due to her Reserve duty. See
USERRA
Guardsman Awarded Some $1 Million in Damages
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…
NBC Fires Weather Channel Anchor Due To Reserve Status
Major Nicole Mitchell has served in the Air Force Reserve some 20 years. In her civilian life, she was an anchor for the Weather Channel. Ms. Mitchell was forced out in 2010. She has filed a claim alleging discrimination due to her Reserve status. She says that after NBC (and Bain Capital and the Blackstone…
Reservist Wins Appeal Regarding $926,506
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…
Guard and Reserve Suffer Quietly in the Two Wars
“Joe” serves in the US Army Reserve and works as a paramedic in is civilian life. Due to his Army service, his paramedic training has suffered. He now faces termination or resignation. He is no different than thousands of the Reservists and Guardsmen who try to juggle a civilian job with his Army service.
Continue Reading Guard and Reserve Suffer Quietly in the Two Wars
Guardsman Fired After Refusing Demotion
Some cases come close to home for every lawyer. For me, its cases involving Iraq and Afghanistan veterans. I served in Iraq 2005-06 as a Reserve officer. So, I have some familiarity with veteran issues. The stigma regarding PTSD is often overblown. In this case reported by WFAA in Dallas, a veteran suffered reprisal because…