Petty v. Metro Government (6th Cir 08/18/2008)

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Petty v. Metro Government (6th Cir 08/18/2008) Empty Petty v. Metro Government (6th Cir 08/18/2008)

Post  JoeC (McGruff) on Tue Sep 02, 2008 3:00 am

As USERRA claims continue to increase with service members returning in large numbers from combat in Iraq and Afghanistan, expect more of these claims to make their way through the federal appellate courts. This is not the last we will hear about the relationship between reemployment rights and anti-discrimination provisions in USERRA. The McDonald Douglass frame work does not apply as they do in Tittle VII cases.

The court has concluded for now in Petty v. Metro Government (6th Cir 08/18/2008): that an employee asserting a claim for violation of his reemployment rights under Sections 4312 or 4313 need not provide proof of discrimination. The court noted that its conclusion is consistent with the approach set forth by the Department of Labor in 20 CFR Section 1002.33.

The term "wrongful termination" or "wrongful discharge" covers employee actions alleging that the employer wrongfully fired the employee. Wrongful termination can be based on[b:55a7] several theories[/b:55a7], including breach of an employment contract ,violation of public policy ,constructive discharge, as well as the protection given by the Whistleblower Protection Act of 1989 and comparable state laws to an employee who reports wrongdoing McGruff & The Korean Fly Girls L.L.C.
JoeC (McGruff)
JoeC (McGruff)

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