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 ...
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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