All Battery Sales and Service, USERRA Violation, Washington 2010

Everett, WA – 09/14/2010

Crime: All Battery Sales and Service, a wholesaler, distributor, and retailer of battery products, parts, and services, allegedly violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) by failing to properly reemploy Curtis Kirk, a U.S. Army reservist, in September 2010.

The lawsuit alleged that the company failed to reemploy Kirk in a position as a front counter representative or in a position with comparable seniority, status, and pay. Instead, Kirk was reemployed in a lower status position with fewer guaranteed working hours, a less lucrative commission and bonus structure, and fewer opportunities for promotion. The defendant later demoted Kirk further and terminated his employment without cause, also in violation of USERRA.

Under the terms of the settlement, All Battery Sales and Service must pay Kirk $37,500 to compensate him for lost or reduced wages and benefits. The settlement also requires the defendant to provide training to its high-level officials and human resources staff on the USERRA rights and obligations of employers and covered employees.

"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."

"Just as our dedicated men and women of the military protect our freedoms overseas, we must protect their interests here at home," said U.S. Attorney Jenny A. Durkan. "These soldiers have made many sacrifices, and the loss of a career or the job they are entitled to when they return home cannot be allowed. The U.S. Attorney's Office is committed to enforcing the laws that protect the rights of those brave men and women who serve our country proudly."

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 of the Justice Department.

The Justice Department's Civil Rights Division has given a high priority to the enforcement of service members' rights under USERRA. Additional information about USERRA can be found on the Justice Department's websites at www.usdoj.gov/crt/emp, www.servicemembers.gov, and www.dol.gov/vets/programs/userra/main.htm.

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