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Case Name Veryzer v. Mills & Murphy Software Systems, Inc. EE-FL-0129
Docket / Court 05-CV-1468 ( M.D. Fla. )
State/Territory Florida
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
On August 5, 2005, a member of the Georgia Air National Guard, filed a lawsuit under the Uniformed Services Employment and Reemployment Act, 38 U.S.C. §§ 4301-4303 (USERRA) in the District Court for the Middle District of Florida against Mills & Murphy Software Systems, Incorporated. The ... read more >
On August 5, 2005, a member of the Georgia Air National Guard, filed a lawsuit under the Uniformed Services Employment and Reemployment Act, 38 U.S.C. §§ 4301-4303 (USERRA) in the District Court for the Middle District of Florida against Mills & Murphy Software Systems, Incorporated. The plaintiff sought injunctive relief, alleging that the defendant violated USERRA by discriminating against and ultimately terminating the plaintiff because of her military status.

The plaintiff informed her employer, the defendant, of her status as a member of the Georgia Air National Guard. Soon after, the employer recalculated her salary, which resulted in a salary decrease of approximately 20%, and altered other terms of her employment. In December 2003, the plaintiff received active duty "orders" and promptly informed her employer. The defendant denied the plaintiff's request for personal time off for the period of active duty. The plaintiff was terminated by the defendant upon her return from active duty.

The defendant employer violated USERRA by discriminating against the plaintiff, denying her reemployment and other employment benefits, and discharging her (1) because of her membership, service, or obligation to perform services in the uniform services and/or (2) because she took action to enforce a protection afforded under USERRA or to exercise a right provided for in USERRA.

The specific relief sought was: (a) a declaratory judgment that the defendant violated USERRA by refusing to reemploy the plaintiff upon her return from active duty, (b) an injunction requiring the defendant to fully comply with USERRA with respect to the plaintiff, and (c) an award of damages to the plaintiff for the salary and other employment benefits lost as a result of the defendant's violation of USERRA.

On July 25, 2006, the District Court (Judge Richard A. Lazzara) referred the case to mediation. On September 27, 2006, a mediation report was entered, which informed the court that a settlement had been reached by the parties. The details of the settlement are not known. On November 8, 2006, the case was dismissed with prejudice.

This case is closed.

Kaitlin Corkran - 02/24/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Discrimination-area
Discharge / Constructive Discharge / Layoff
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Discrimination-basis
Military status discrimination
General
Disparate Treatment
Retaliation
Plaintiff Type
Private Plaintiff
Causes of Action Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4301
Defendant(s) Mills & Murphy Software Systems, Inc.
Plaintiff Description A member of the Georgia Air National Guard
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Unknown
Public Int. Lawyer No
Nature of Relief
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration not on record
Case Closing Year 2006
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
8:05-CV-1468 (M.D. Fla.) 11/20/2006
EE-FL-0129-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 08/05/2005
EE-FL-0129-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Mediation Report 09/27/2006
EE-FL-0129-0002.pdf | Detail
Judges Lazzara, Richard A. (M.D. Fla.)
EE-FL-0129-9000
Scriven, Mary Stenson (M.D. Fla.) [Magistrate]
EE-FL-0129-9000
Monitors/Masters Elligett, Raymond T. Jr. (Florida)
EE-FL-0129-0002 | EE-FL-0129-9000
Plaintiff's Lawyers Fenton, William B. (District of Columbia)
EE-FL-0129-0001 | EE-FL-0129-9000
Galbreath, Robert Lee (District of Columbia)
EE-FL-0129-0001 | EE-FL-0129-9000
Gardner, Leslie M. (District of Columbia)
EE-FL-0129-9000
Palmer, David J. (District of Columbia)
EE-FL-0129-0001 | EE-FL-0129-9000
Perez, Paul I. (Florida)
EE-FL-0129-0001
Schlozman, Bradley (District of Columbia)
EE-FL-0129-0001
Zimmerman, Warren A. (Florida)
EE-FL-0129-0001 | EE-FL-0129-9000
Defendant's Lawyers Hensler, Ann Marie (Florida)
EE-FL-0129-9000
Other Lawyers Byrd, Oran Kim (Florida)
EE-FL-0129-9000

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