While the Army is preparing dedicated men and women to be brave and strong and defend our country, it does not prepare them for one terrible challenge no one wants to face: losing their job. Even worse is when military status discrimination is suspected to be the cause of the dismissal.
This brings us to Austin, Texas, home of a nonprofit technology company currently being sued on allegations it wrongfully fired an Army Reservist in 2016 shortly after he returned from fulfilling military obligations as a result of him completing those duties. The U.S. Justice Department, who filed the lawsuit jointly with the U.S. Attorney’s Office for the Western District of Texas, says this is in direct violation of the Uniformed Services Employment and Reemployment Rights Act. This act, U.S. Code, Chapter 43, Part III, Title 38, states that “a person who … has an obligation to perform service in a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation.”
The employee was a lieutenant colonel who had served in the Armed Forces for 22 years. The lawsuit, filed in U.S. District Court, Western District of Texas, Austin Division, is seeking an amount equal to lost wages and benefits for plaintiff.