Perhaps it’s a sign of the times: Courts aren’t offering much support to companies who aren’t sympathetic to employees returning from military service.
In two recent cases, judges sided with returning veterans who filed suit against their employers under the Uniformed Services Employment and Reemployment Rights Act (USERRA).
In the first case, a National Guard major ran into difficulties after she returned from her second military deployment, when she was greeted with anonymous complaints about her leadership style.
In the second case, the former police chief of an Oregon city was fired when he refused a demotion after he returned from military service.
In both cases, judges decided the claims should go to trial. The key: Both employees proved there was a possibility their military activities had figured in their adverse employment actions.
That’s the lesson in these cases: Appearances count. No matter how fair an employer’s motivation may be, the slightest hint of impropriety can tilt the case the wrong way.
Cite: Reed v. Honeywell
