On April 4, 2007, the U.S. Department of Justice ("D.O.J.") filed a lawsuit under the Uniformed Services Employment and Reemployment Rights Act of 1994,38 U.S.C. Section 4301 - 4333 against Total Logistic Control in the U.S. District Court of the Central Court of California on behalf of an employee who was also a member of the Air National Guard. The D.O.J. sought injunctive, monetary, and declaratory relief.

The employee enlisted in the California Air National Guard in 2001 and later applied for the Airmen's Leadership School while he was working for the defendant. The employee was accepted into the school in 2003 and gave verbal notice to the defendant of his intent to attend the school in March of 2003. The defendant asked the employee not to attend the school, however, the employee refused to comply with the demand. The defendant then asked the employee to resign from his position in April of 2003, but the employee refused. He was then told that he no longer worked for the defendant. The employee attended the school from April of 2003 until May of 2003. Upon his return, he requested his former job back and was told that he could not be reemployed. The D.O.J. alleges that the defendant violated USSERA by discriminating against the employee and by refusing to reemploy him.

On May 17, 2007, the district court (Judge Stephen G. Larson) entered a consent decree whereby the employee agreed not to pursue any further claims against defendant, and defendant in turn paid employee an undisclosed amount of money and reinstated him.

We have no further information on this case.

Janani Iyengar - 11/26/2007


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