by Bill Singer
USERRA Case Brought Against Trucking Company On Behalf of Military Veteran
July 6, 2011
On June 30, 2011, the Department of Justice filed a lawsuit in the U.S. District Court for the Western District of Washington in Tacoma, on behalf of Dave Axtell, a U.S. Air Force reservist. The Defendants were:
- James J. Williams Bulk Service Transport Inc. ("JJW" is a trucking company that specializes in hauling hazardous materials),
- Trans-System Inc. (JJW's parent company), and
- System TWT Transportation Inc. (a Trans-System Inc. subsidiary).
The lawsuit alleges that the Defendants violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) by:
- failing to promptly and properly re-employ Axtell in April 2009, after he returned from military service in support of Operation Enduring Freedom; and
- unlawfully terminating Axtell without cause shortly after he was re-employed.
SIDE BAR: Subject to certain conditions, USERRA requires employers to promptly re-employ returning service members in the positions they would have held had their employment been not interrupted by military service or in a position of like seniority, status and pay. In addition, depending upon the length of absence for military service, service members who are re-employed cannot be terminated, except for just cause, within one year after the date of reemployment.
Delayed Re-Employment
According to the Complaint, the Defendants violated USERRA by not promptly or properly re-employing Axtell in his previous pre-service position as a driver supervisor, or in a position with comparable seniority status and pay. Pointedly, the Defendants allegedly waited three months to reemploy Axtell, and thereafter employed him in an unsalaried, lower status position requiring longer hours.
Thereafter, the Defendants allegedly terminated Axtell's employment without cause shortly after re-employing him, also in violation of USERRA.
Willfulness Alleged
The Justice Department seeks the lost wages and benefits that Axtell would have received if he had been properly reemployed in his pre-service position as a driver supervisor, or a comparable position, as well as damages resulting from the unlawful termination of his employment. The Complaint also seeks double damages based upon a willful violation of USERRA.
SIDE BAR: Additional information about USERRA can be found on the Justice Department's websites at www.usdoj.gov/crt/emp and www.servicemembers.gov, as well as on the Labor Department's website at www.dol.gov/vets/programs/userra/main.htm.