Labor & Employment Law

DOJ settles USERRA suit

Department of Justice sued the City of Milwaukee, claiming that the city violated USERRA when it did not provide a police officer with the opportunity to take a make-up examination for promotion to detective that he missed while on active duty military service, thereby denying him the seniority, status and compensation he would have received but for his active duty service in the military.

The city later promoted the officer to detective after he passed the next scheduled examination, but the delay still resulted in his loss of pay, seniority and other benefits, including eligibility for future promotions.

A settlement provides for retroactive promotion date in the rank of detective, $21,190 in backpay, retroactive seniority and other benefits.

[Press release]

Full post as published by Ross' Employment Law Blog on January 22, 2010 (boomark / email).