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National Guard soldier alleges wrongful termination

On Behalf of | May 28, 2021 | Wrongful Termination

Many wrongful termination lawsuits involve the Civil Rights Act and other anti-discrimination laws, but workers may be protected by other types of state and federal laws as well.

In a recent case, a member of the Indiana National Guard filed a wrongful termination lawsuit after he was fired from his job at a furniture store once he returned from his mandated military training. The Department of Justice recently announced it had reached a settlement with the man’s former employer.

USERRA

At issue in this case is the Uniformed Services Employment and Reemployment Rights Act of 1994, or USERRA. This federal law protects members of the military when they re-enter the workforce after serving time on active duty.

The man began working at Ashley Home Store in 2014. Three years later, he told his employer he had to report for duty in the National Guard. When he returned from active duty, the store refused to rehire him.

The man filed a complaint with the Department of Labor, which referred the matter to the Department of Justice. Under the terms of the settlement, Ashley Home Store will not only pay damages to the man, but also promised to train managers in USERRA at all its locations.

State and federal agencies

Many wrongful termination lawsuits are filed through state or federal agencies. For instance, a person whose employer illegally retaliated against them in violation of their civil rights might file a complaint with the U.S. Equal Employment Opportunity Commission.

While the government agencies involved can be very helpful in these complaints, they aren’t necessarily focused on helping the individual to recover compensation and other remedies. This is one reason it is important for workers who have been mistreated to seek out help from an employment law attorney with experience in wrongful termination.

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