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Employer Settles Claim It Violated USERRA

May 15, 2017

The Department of Justice has reached a settlement agreement with a Texas roofing company over claims that it violated a former employee's rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA).

The agreement resolves allegations that Frontier violated the employment rights of a Texas Army National Guard Member under USERRA. The Guard member is currently a Sergeant with the Texas Army National Guard, where he has served since 2005.

According to the service member’s complaint, Frontier fired him from his job as a purchasing/inventory clerk due to his military service and then denied his request for reemployment following his active military duty in August of 2015. His employment was terminated while he was attending his annual National Guard training requirements. When he asked to return to work upon completion of his training, his request was denied based on his previous absence related to his military service.

The service member initially filed a complaint with the DOL’s Veterans’ Employment and Training Service (VETS), which investigated and attempted to reach a resolution between the parties. After those efforts failed, VETS referred the complaint to the DOJ’s Civil Rights Division, Employment Litigation Section. In exchange for a release of his claims under USERRA, Frontier has agreed to provide the service member with relief including back pay, lost benefits, and liquidated damages.