Arthur Ingram, USERRA Violation, Nevada 2024

Nevada state officials have been ripped for a brazen USERRA scam, raking in a whopping $473,000 from a wronged Army reservist.

The Justice Department announced a settlement with the state of Nevada and its Office of the State Controller to resolve allegations that they willfully violated the employment rights of Army reservist Col. Arthur Ingram when he returned from military service.

According to the Justice Department’s complaint, after Ingram filed an initial complaint with the Labor Department’s Veterans’ Employment and Training Service to attempt to obtain reemployment, the defendants then willfully retaliated against him by withdrawing an offer to reemploy him in a lower paying position as a chief accountant, terminating his employment and backdating the termination to January 2007 to punitively prohibit his vesting in the Nevada state pension system.

The settlement requires the defendants to pay Ingram $262,000 in back pay and $211,000 to fully fund his pension benefits for a nine-year time period from when Ingram started his active duty military service through settlement.

The Justice Department’s complaint alleges that the defendants willfully violated USERRA by failing to reemploy Ingram in his prior position as chief deputy controller when he returned from military service in June 2008.

USERRA requires all employers to promptly reemploy service members returning from military service in their pre-service position or a position of like seniority, status and pay.

“Men and women called to active duty need to know they do not have to sacrifice their civilian jobs at home in order to serve our country,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.

“The Civil Rights Division is committed to aggressive enforcement of USERRA to protect the rights of those who, through their bravery and sacrifice, secure the rights of all Americans,” Perez added.

Additional information about USERRA can be found on the Justice Department websites www.usdoj.gov/crt/emp and www.servicemembers.gov, as well as the Labor Department website www.dol.gov/vets/programs/userra/main.htm.

The United States Attorney’s Office for the District of Nevada remains committed to protecting the employment rights of military reservists when they return home from active duty following service on behalf of the United States, said U.S. Attorney for the District of Nevada Daniel G. Bogden.

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