Posted by: Melville Johnson, P.C.
June 06, 2008
Topic: Employment Discrimination
The Attorneys at Melville Johnson, P.C. can provide this type or representation for you regarding pension rights and federal employment law:
Air National Guardsman Robert Traut recently settled his case, requesting relief under the Uniformed Services Employment and Reemployment Rights Act (USERRA), through the U.S. Office of Special Counsel (OSC) due to his federal employer's failure to re-hire him. Mr. Traut received full back pay and had his benefits restored for the seven years since he lost his job while on active military duty.
Mr. Traut had filed a complaint under USERRA when his employer, the Indian Health Service (IHS), which is part of the U.S. Department of Health and Human Services, refused to re-employ him after her returned from active duty with the Alaska Air National Guard in 2000.
Under USERRA, employers have an obligation to re-employ former employees who leave their jobs to perform uniformed military service, give the employer advance notice, serve five years or less, receive an honorable discharge, and timely apply for re-employment.
Mr. Traut's settlement provides a structured payment of back pay plus interest, restores federal retirement benefits dating back to the date of his original request to be rehired in 2000, including full employer make-up contributions to Mr. Traut's Federal Employee Retirement System (FERS) account.
This blog is based substantially on an press release by the U.S. Office of Special Counsel.
