Fired Virginia Teacher Fails to Establish USERRA Claim

Eric Paltell
Eric Paltell
01/05/2017
The United States Court of Appeals for the Fourth Circuit recently ruled that the Prince William County School Board did not violate the Uniformed Services Employment and Reemployment Rights Act ("USERRA") when it fired a teacher who had returned from a four-year deployment to Kuwait.  Butts v. Prince William County School Board, et. al., No. 15-1989 (4th Cir. Dec. 21, 2016).  The Fourth Circuit affirmed a grant of summary judgement to the School...
read more

USERRA “Reasonable Certainty” Test Applies To Discretionary Promotions

Garrett Wozniak
Garrett Wozniak
10/09/2013
In a recent opinion, the First Circuit recognized that the Uniformed Services Employment and Reemployment Rights Act’s (USERRA) escalator principle applies when a promotion is discretionary.  Rivera-Melendez v. Pfizer Pharm., LLC, No. 12-1023 (1st Cir. Sept. 20, 2013). Luis Rivera-Melendez began working for Pfizer in 1994.  He received several promotions over the next decade, and by 2004, held an hourly, non-exempt position as an active...
read more
Email Updates

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Loading