Paint Firm Axes Vet After Iraq Tour

NEWARK, NJ – Hawthorne Paint Co. Inc. is in the crosshairs of federal prosecutors after allegedly firing a New Jersey Army National Guardsman just one week after he was due to be reinstated following a tour of duty in Iraq. The feds filed suit today in U.S. District Court, accusing the company of a blatant violation of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

James O. Alston, the veteran at the center of the case, served with the New Jersey Army National Guard in Operation Iraqi Freedom from June 2004 to June 2006. According to the complaint, Hawthorne Paint terminated Alston’s employment as a supervisor specifically because of his military service. The company then allegedly discharged him without cause a mere seven days before his scheduled return to work – a move prosecutors argue was clearly retaliatory.

“This isn’t about complicated legal maneuvering; it’s about a soldier coming home and being punished for serving his country,” stated Acting Attorney General Grace Chung Becker. “The feds will not stand for employers punishing our servicemen and women. They sacrifice enough.” Becker’s statement underscores a growing federal push to protect the employment rights of military personnel, especially during ongoing conflicts.

The case originated with a complaint filed by Alston with the Department of Labor’s Veterans’ Employment and Training Service. After conducting its own investigation and failing to reach a settlement with Hawthorne Paint, the Department of Labor handed the case over to federal prosecutors. This marks a continued effort to aggressively pursue USERRA violations, with the Civil Rights Division filing a record 12 such suits last year – the most since gaining enforcement authority in 2004.

USERRA is designed to protect service members from employment discrimination based on their military status. It requires employers to reemploy veterans returning from service, as long as they meet certain qualifications. Violations can result in significant penalties, including back pay, compensatory damages, and even punitive damages. This case serves as a warning to employers: discriminating against those who serve comes with a hefty price.

Federal prosecutors are seeking full restitution for Alston, including lost wages and benefits. The feds are also pushing for a court order preventing Hawthorne Paint from engaging in similar discriminatory practices in the future. For more information on USERRA and service member rights, visit www.servicemembers.gov or www.dol.gov/vets/programs/userra/main.htm.