Mark Gunn, Violating USERRA, Virginia 2024

ALEXANDRIA, Va. – The Justice Department announced today that it has settled a civil complaint filed in the U.S. District Court for the Eastern District of Virginia against Prince George County, Virginia, and the Virginia Retirement System (VRS) to enforce employment rights guaranteed to a member of the Virginia Army National Guard, Major Mark Gunn, under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

"Members of our military Reserves who put their civilian careers and lives on hold to serve our country should not suffer adverse employment effects," said Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia. "The United States Attorney’s Office will continue to use all legal remedies to enforce the rights of servicemembers to the correct reemployment positions upon their return from honorably serving our nation."

The United States alleged that Gunn had been a detective with the Prince George County Police Department for 14 years when, in January 2016, he was called to active duty by the Virginia Army National Guard. The United States further alleged that when Gunn returned from his active-duty service, the County refused to allow Gunn to return to his detective position. Instead, the County assigned him back to a Patrol Unit officer position. The United States also alleged that the County denied Gunn employment benefits that he would have accrued during his period of active-duty service, including a bonus awarded to County employees. Finally, the United States alleged that the County’s unlawful actions caused Gunn to leave his employment with the Prince George County Police Department and return to active duty in the Virginia Army National Guard.

As relief, Gunn will receive VRS retirement credit for the period of time from when he departed the Prince George County Police Department to when he began drawing VRS retirement benefits. He will also receive the differential in retirement benefits owed to him for this time period. Prince George County will also pay Gunn $1,500 in damages for benefits he should have received from the County and $1,500 in liquidated damages. The County will give Gunn a Retired Law Enforcement Act identification card, a Virginia law enforcement officer identification card, and a retired Prince George County Police Department detective badge, and the County will permit Gunn to purchase his service weapon.

USERRA protects the rights of uniformed servicemembers to retain their civilian employment following absences due to military service obligations and provides that servicemembers shall not be discriminated against because of their military obligations. USERRA also requires employers to provide pension benefits when their employees are called to active duty. The United States Attorney’s Office for the Eastern District of Virginia and Justice Department give high priority to the enforcement of servicemembers’ rights under USERRA.

This case stems from a referral by the U.S. Department of Labor, at Gunn’s request, after an investigation by that agency’s Veterans’ Employment and Training Service.

Defendant: Prince George County, Virginia, and the Virginia Retirement System

Criminal Charges: Violating Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)

City and State: Alexandria, Virginia

Exact Date: January 2016

Sentence or Outcome: Settlement Agreement

Dollar Amounts: $3,000 in damages and liquidated damages

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