The Grimy Times has learned that Mort’s Concrete Inc. and its owner, Kevin Mortimer, are facing serious allegations of employment rights violation in Wisconsin. The company and Mortimer are accused of failing to properly re-employ Wisconsin Army National Guardsman Rocco Sylvester Jr. when he returned from active military duty in Iraq.
According to the complaint filed in the U.S. District Court in Madison, Wis., Mort’s Concrete and Mortimer violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by not reemploying Sylvester in his previous position as a full-time construction foreman upon his return from active duty.
Instead, Mort’s Concrete and Mortimer re-employed Sylvester in a non-supervisory laborer position with significantly fewer work hours. The Justice Department is seeking to recover the lost wages and benefits that Sylvester would have received had he been properly re-employed as a full-time foreman.
The Justice Department’s Civil Rights Division has given a high priority to the enforcement of service members’ rights under USERRA. This is the 20th USERRA lawsuit the Civil Rights Division has filed in 2009 on behalf of service members.
Mort’s Concrete and Mortimer are accused of violating the rights of Wisconsin Army National Guardsman Rocco Sylvester Jr. by failing to properly re-employ him when he returned from active military duty in Iraq.
The Labor Department’s Veterans’ Employment and Training Service investigated and attempted to resolve Sylvester’s USERRA complaint before referring it to the Justice Department for litigation.
The outcome of this case is still pending, but the allegations against Mort’s Concrete and Mortimer are serious and could result in significant penalties if they are found guilty.
The case against Mort’s Concrete and Mortimer highlights the importance of protecting the employment rights of service members who put their lives on the line to protect our nation.
According to Assistant Attorney General Thomas Perez, ‘Members of the military who put their lives on the line to protect our nation deserve to know they will not be penalized for their service and their bravery.’ The Justice Department is committed to protecting the rights of those who, through their bravery and sacrifice, secure the freedom and civil rights of all Americans.
The Justice Department’s Web sites at http://www.justice.gov/crt/emp and http://www.servicemembers.gov, as well as the Labor Department’s Web site at http://www.dol.gov/vets/programs/userra/main.htm, provide more information on USERRA and the enforcement of service members’ rights.
Defendant/respondent: Mort’s Concrete Inc. and Kevin Mortimer
Exact criminal charges: Employment rights violation
City and state: Madison, Wisconsin
Exact date: 2023 (exact date not specified)
Sentence or outcome: Pending
Dollar amounts: Not specified
Key Facts
- State: Wisconsin
- Category: White Collar Crime
- Source: DOJ Press Release â†â€â€
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