TWO COMPANIES SETTLE OVER ARMY NATIONAL GUARD EMPLOYMENT RIGHTS

FROM:  U.S. JUSTICE DEPARTMENT
Friday, April 13, 2012
Justice Department Settles with Air Methods Corporation and Lifemed Alaska Llc to Enforce the Employment Rights to Army National Guard Member in Alaska
The Justice Department today announced that it has resolved a lawsuit alleging that Air Methods Corp. and LifeMed Alaska, LLC willfully violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by discriminating against and failing to reemploy Chief Warrant Officer Third Class Jonathon L. Goodwin of Wasilla, Alaska.   The suit was filed in federal district court in Alaska.

Under USERRA, an employer is prohibited from discriminating against service members because of their membership in the military, past military service or future service obligations. In addition, and subject to certain limitations, USERRA requires that service members who leave their civilian jobs to serve in the military be reemployed promptly by their civilian employers in the positions they would have held if their employment had not been interrupted by military service or in positions of comparable seniority, pay and status.

Goodwin has been a member of the Army National Guard for 20 years, with honorable service as both a fixed-wing and helicopter pilot.   The Justice Department’s complaint alleged that Goodwin was employed by Air Methods as a helicopter pilot when he was called upon for a nine month period of active duty, including a period of deployment to Iraq.   According to the complaint, at the end of his deployment, Goodwin sought to be reemployed by Air Methods and assigned to a contract helicopter pilot position with LifeMed Alaska.   The complaint alleged that LifeMed refused to accept Goodwin for the contract position due to LifeMed’s bias against recently returned service members as well as an unwillingness to accommodate Goodwin’s possible future military obligations.   The complaint also alleged that Air Methods furthered LifeMed’s discriminatory action by refusing to assign Goodwin to the LifeMed contract and, consequently, failed to offer Goodwin proper reemployment.

Under the terms of the settlement agreement, Air Methods will immediately reinstate Mr. Goodwin, will assign him to the first available position on the LifeMed contract at Wolf Lake Base in Alaska, and will pay him an undisclosed sum of money in back pay and other damages.
         
“Military reservists provide an important and valuable service to our country, often at great personal sacrifice.   No service member should be disadvantaged because he or she answered the call of duty,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The Justice Department is committed to vigorously enforcing federal laws that protect the employment rights of our service members.”

“Here, in Alaska, we are committed to preserving and protecting the rights of our military and military reserve members.  We honor and support their dedication and service to our community and our nation,” said Karen Loeffler, U.S. Attorney for the District of Alaska.

The case stemmed from a referral by the Department of Labor following an investigation by the Department of Labor’s Veterans’ Employment and Training Service and was jointly litigated by the Department of Justice Civil Rights Division and the U.S. Attorney’s Office for the District of Alaska.

DOJ ENFORCES EMPLOYMENT RIGHTS OF U.S. AIR FORCE RESERVIST

The following is an excerpt from the Department of Justice website:
Thursday, October 27, 2011
“Justice Department Settles Lawsuit with Washington State Company to Enforce Employment Rights of U.S. Air Force Reservist
WASHINGTON - The Justice Department announced today that it has reached a settlement with James J. Williams Bulk Service Transport Inc. (JJW), its parent company Trans-System Inc. and System TWT Transportation Inc. alleging that the companies violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) by failing to promptly and properly reemploy U.S. Air Force reservist Dave Axtell in April 2009 when he returned from military service in support of Operation Enduring Freedom. The complaint also alleged that the defendants unlawfully terminated Axtell’s employment without cause shortly after he was reemployed. If approved by the court, the settlement would resolve the allegations that the defendants violated the reemployment rights of Axtell.
Subject to certain conditions, USERRA requires employers to promptly reemploy returning service members in the positions they would have held had their employment not been interrupted by military service, or in a position of like seniority, status and pay. In addition, any individual with Axtell’s length of absence for military service who is reemployed cannot be terminated, except for just cause, within one year after the date of reemployment.
According to the department’s complaint, filed in the U.S. District Court for the Western District of Washington in Tacoma, the defendant companies violated USERRA by not promptly or properly reemploying Axtell in his previous pre-service position as a driver supervisor or in a position with comparable seniority, status and pay. The defendants waited three months to reemploy Axtell, and thereafter employed him in an unsalaried, lower status position requiring longer hours. Ultimately, according to the complaint, defendants terminated Axtell’s employment without cause, also in violation of USERRA.
Under the terms of the settlement, embodied in a consent decree that has been submitted for approval to the federal district court in Tacoma, the defendants must pay Axtell $60,000 to compensate him for lost wages and benefits. Among other things, the settlement also requires the defendants to provide training to JJW’s high level officials and human resources staff on the USERRA rights and obligations of employers and covered employees.
“The men and women who bravely serve our nation in the armed forces should not have to sacrifice their jobs to do so. Employers have a legal obligation to ensure returning service members get their jobs back when they return from military duty as required by law,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The Civil Rights Division is committed to protecting the rights of those who, through their courage and sacrifice, secure the rights of all Americans.”
“The United States Attorney’s Office is committed to enforcing the laws that protect the rights of those brave men and women who serve our country proudly,” U.S. Attorney for the Western District of Washington Jenny A. Durkan said today. “Our soldiers must be able to serve with the confidence that they will get their jobs back when they return to the workforce and will not be discharged without just cause.”
The case was litigated by Assistant U.S. Attorney J. Michael Diaz in the U.S. Attorney’s Office for the Western District of Washington, in collaboration with Jodi Danis, Special Counsel, and Kristofor Hammond, Senior Trial Attorney, in the Civil Rights Division of the Justice Department. The case stems from a referral from the U.S. Labor Department following an investigation by its Veterans’ Employment and Training Service.”