Filed Date: March 29, 2005
Closed Date: 2005
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On March 29, 2005, the U.S. Department of Justice ("D.O.J.") filed a lawsuit under Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA") in the U.S. District Court for the Middle District of Tennessee against the Bridgestone/Firestone North American Tire, LLC ("Bridgestone"). The DOJ sought injunctive and monetary relief.
The DOJ represented a Bridgestone employee who had served in the Army National Guard since August 5, 2000. On May 29, 2002, the employee commenced employment for Bridgestone at its plant in Clarksville, Tennessee, as an Operator Banbury. Bridgestone has a progressive pay schedule which is a step rate compensation system based on time at work. The employee was hired at a pay rate of $16.14 per hour and was moved to $17.44 per hour on November 24, 2002.
During December 27, 2002 to March 24, 2004, for a total of approximately 453 days, the employee was activated as a member of the Army National Guard under Operation Enduring Freedom/Iraqi Freedom.
The complaint alleges that the defendant violated USERRA by denying the employee an advancement of approximately 453 days on its progressive pay schedule and other employment benefits due to his membership in, or obligation to perform service in, the uniformed services.
On April 4, 2005, the district court (Judge William J. Haynes Jr.) approved a consent decree requiring that the defendant grant the employee the level of seniority, status and compensation that he would have enjoyed had he remained employed continuously with Bridgestone during the time of his active duty service in the military, including loss of wages, with interest.
We have no further information on this case.
Summary Authors
Hyun Jeong Yang (10/28/2007)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4849523/parties/billiot-v-cove-mountain-realty-inc/
Haynes, William Joseph Jr. (Tennessee)
Brent, Derrick L. (District of Columbia)
Fenton, William B. (District of Columbia)
Palmer, David J. (District of Columbia)
Rydzel, James A. (Ohio)
Haynes, William Joseph Jr. (Tennessee)
Varlan, Thomas A. (Tennessee)
See docket on RECAP: https://www.courtlistener.com/docket/4849523/billiot-v-cove-mountain-realty-inc/
Last updated March 19, 2024, 3:09 a.m.
State / Territory: Tennessee
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: March 29, 2005
Closing Date: 2005
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Department of Justice- Civil Rights Division on behalf of an Individual denied employment benefit due to his membership in uniformed services
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Bridgestone/Firestone North American Tire, LLC, Private Entity/Person
Defendant Type(s):
Case Details
Causes of Action:
Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4301
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 2005 - 2006
Issues
Discrimination-area:
Discrimination-basis:
Military status discrimination
Affected Sex or Gender: