Petty v. Metropolitan Govt. of Nashville-Davidson County, 6th Cir., No. 07-5649, Aug. 18, 2008.
Articles Discussing Case:
The USERRA Supersedes Employer’s “Fitness For Duty” Procedures.
Ogletree Deakins • August 26, 2008
The Uniformed Services Employment and Reemployment Rights Act (USERRA) was enacted to protect the rights of veterans and members of the uniformed services, and is broadly construed in favor of those individuals. The Act specifically states that a returning veteran must be “promptly reemployed” after an honorable discharge from military service and requires that, in most cases, reinstatement is made to the position which the individual would have held had he or she not left for military leave. The 6th U.S. Circuit Court of Appeals has held that a police department’s delay in re-employing a returning Army reservist violated the USERRA, even though the delay was based upon the employee’s suspected dishonesty.
