Hawthorne Paint Co. Sued by Feds for Dismissing Vet Guard

Feds have taken on another battle for justice, filing a lawsuit against Hawthorne Paint Co. Inc. The suit alleges the company violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by dismissing James O. Alston, a member of the New Jersey Army National Guard.

According to federal prosecutors, Alston was terminated as a supervisor due to his service in Operation Iraqi Freedom from June 2004 to June 2006. The company discharged him without cause just one week before his planned reinstatement.

‘No one should lose their civilian job for serving our country,’ said Grace Chung Becker, Acting Attorney General for the Civil Rights Division. ‘Our servicemen and women sacrifice greatly, and during these times of conflict, we are committed to protecting their employment rights fully.’

The lawsuit comes after the Veterans’ Employment and Training Service referred Alston’s complaint to federal prosecutors following its investigation and unsuccessful attempts at settlement.

Federal prosecutors have made enforcing service members’ rights under USERRA a priority. Last year, they filed 12 such suits, the most since receiving enforcement authority in September 2004.

For more information on USERRA, visit www.servicemembers.gov, or the Department of Labor’s website at www.dol.gov/vets/programs/userra/main.htm.