Justice Department files suit in support of California reservist not properly reemployed by state

[Omaha Steve]

Source: Examiner.com

Ron Moore

DC Special Interests Examiner
The Justice Department today announced it has filed a lawsuit in U.S. District Court in Sacramento, Calif., against the California Department of Corrections and Rehabilitation alleging that the CDCR failed to promptly reemploy U.S. Air Force reservist Dany Felix in violation of the Uniformed Services Employment and Reemployment Rights Act of 1994.

USERRA was enacted to protect service members from being disadvantaged in their civilian careers due to serving in the uniformed services. Subject to certain limitations, USERRA requires employers to reemploy service members who have been injured while on active duty by accommodating those service members in a position they are qualified to perform and that approximates their pre-service position in seniority, pay and status.

The complaint alleges that in March 2003, Felix, employed as a CDCR medical technical assistant, was ordered to active duty together with his Air Force Reserve unit. Felix aggravated a pre-existing back injury and also sustained a new back injury while on active duty, resulting in his being honorably discharged in August 2006. Felix sought reemployment with the CDCR shortly before and for several months after his discharge.

Read more: http://www.examiner.com/x-2071-DC-Special-Interests-Examiner~y2009m5d5-Justice-Department-files-suit-in-support-of-California-reservist-not-properly-reemployed-by-state?cid=exrss-DC-Special-Interests-Examiner

[ProgressiveProfessor]

1. The CDCR will lose this one...the USERRA is damn near ironclad

[mopinko]

2. i can only say :wtf:

[downindixie]

3. Very happy to see this action!

[No Elephants]

4. Schwartzenegger denied a vet his legal right to get his job back? Shameful.

[atreides1]

5. So he was personally involved?

I never realized that Arnold was personally involved in not giving this vet his job back? At least I didn't read that in the story!

Can you provide a source?