The Justice Department announced today that it has reached a settlement with Home Depot U.S.A. Inc., to resolve allegations that the company violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) when it terminated the employment of an Army National Guard soldier.
The department’s complaint alleged that Home Depot willfully violated USERRA by terminating the soldier's employment because of his military service obligations. The Iraq War veteran, worked as a department supervisor while at the same time serving in the Army National Guard. Throughout his employment with Home Depot the soldier took periodic leave from work to fulfill military obligations with the National Guard. According to the Justice Department’s complaint, the soldier was removed from his position as a department supervisor after Home Depot management officials openly expressed their displeasure with his periodic absences from work due to his military obligations and further indicated their desire to remove him from his position because of those absences.
Under the terms of the settlement, embodied in a consent decree that has been submitted for approval to the federal district court, Home Depot will provide the soldier with $45,000 in monetary relief and make changes to its Military Leaves of Absence policy. The settlement further mandates that Home Depot review its Military Leaves of Absence policy with managers from the district where Mr. Bailey worked.
This information is intended to be educational and should not be considered legal advice on any specific matter.
