All Battery Sales and Service, USERRA Violation, Washington 2010

[“In a shocking case of employment rights abuse, All Battery Sales and Service (ABS) of Everett, Wash. has been caught violating the Uniformed Services Employment and Reemployment Rights Act (USERRA) by failing to properly reemploy Curtis Kirk, a U.S. Army reservist, after he returned from military service in 2010. According to a lawsuit filed by the U.S. Attorney’s Office, ABS unlawfully demoted and terminated Kirk’s employment without proper cause, in violation of USERRA.”, “Under the terms of the settlement, ABS must pay Kirk $37,500 to compensate him for lost or reduced wages and benefits. The defendant must also provide training to ABS’ high-level officials and human resources staff on the USERRA rights and obligations of employers and covered employees.”, ‘The lawsuit alleged that ABS failed to properly reemploy Kirk in a position as a front counter representative, or in a position with comparable seniority, status and pay. Instead, the defendant reemployed Kirk in a lower status position with fewer guaranteed working hours, a less lucrative commission and bonus structure and fewer opportunities for promotion.’, “The U.S. Attorney’s Office has given high priority to the enforcement of service members’ rights under USERRA. ‘Employers have a legal obligation to ensure service members get their jobs back when they return from military duty as required by law,’ said Jocelyn Samuels, Acting Assistant Attorney General for the Civil Rights Division. ‘The Civil Rights Division is committed to protecting the rights of those who, through their courage and sacrifice, secure the rights of all Americans.’”, “‘The loss of a career or the job they are entitled to when they return home cannot be allowed,’ said U.S. Attorney Jenny A. Durkan. ‘These soldiers have made many sacrifices, and we must protect their interests here at home.’”, “The case was litigated by Assistant U.S. Attorney J. Michael Diaz in the U.S. Attorney’s Office for the Western District of Washington, in collaboration with Andrew Braniff, USERRA/USAO Program Coordinator, in the Employment Litigation Section of the Civil Rights Division.”]

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