Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Case Number: 2:22-CV-147
Judge: Nitz I. Quinones Alexandro
Court: United States District Court for the Eastern District of Pennsylvania (Philadelphia County)
Defendant's Attorney: Carolyn Anne Pellegrini and Henry A. Platt
Description: Philadelphia, Pennsylvania civil rights lawyer represented Plaintiff who sued Defendant on a Uniformd Services Employment Act violation theory.
"The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that protects the employment rights of individuals who serve in the uniformed services (i.e., the U.S. Armed Forces, the Ready Reserve, the National Guard, and other uniformed services). USERRA prohibits employers from discriminating against individuals who serve in the uniformed services, and it guarantees that these individuals will be able to retain their civilian jobs when they return from military service.
USERRA applies to all employers, regardless of size or industry. It also applies to all individuals who serve in the uniformed services, regardless of their rank, length of service, or type of service.
To be protected by USERRA, an individual must:
Be a member of a uniformed service;
Be absent from employment due to service in the uniformed services; and
Have been called to active duty by a federal, state, or local government; or
Have been ordered to perform service in the uniformed services by a Reserve component of the U.S. Armed Forces.
USERRA provides a number of protections for individuals who serve in the uniformed services, including:
The right to return to their civilian job after completing military service;
The right to be restored to their former position, status, and pay;
The right to be given credit for their military service; and
The right to be protected from discrimination on the basis of their military service.
USERRA also provides for a number of remedies if an individual's rights are violated, including:
Reinstatement to their former job;
Attorney's fees; and
If you believe that your rights under USERRA have been violated, you should contact the Department of Labor's Veterans' Employment and Training Service (VETS) for assistance. VETS can help you understand your rights and options, and they can represent you in a lawsuit against your employer if necessary."
Outcome: 04/12/2023 32 STIPULATION of Dismissal and Voluntary Withdrawal of Claims by ROBERT BABIS. (ARORA, MANALI) (Entered: 04/12/2023)