Regal Contractors LLC Cracks Under USERRA Scrutiny

A Delaware construction company is at the center of a bitter dispute over its treatment of a U.S. Air Force Reserve member. Regal Contractors LLC, along with Regal Builders LLC and Noble Pond Homes, has been accused of violating the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by terminating U.S. Air Force Reserve Member Lon Fluman following his return from required military training.

According to the complaint, filed in the U.S. District Court for Delaware, Fluman was scheduled for reserve military duty to begin on September 3, 2012 but was rescheduled on short notice to start one day later. Subsequently, Fluman served weekend reserve duty in early December of 2012. Following his second duty, the defendants terminated Fluman from his position as a maintenance technician. Although Fluman satisfied USERRA’s notification requirements before departing for his military leaves, according to the complaint, the defendants terminated Fluman anyway, claiming the notice provided was not sufficient.

The complaint, filed on September 3, 2012, alleges that Regal Contractors LLC, Regal Builders LLC, and Noble Pond Homes willfully violated USERRA by discriminating against Fluman based on his military service. The case stems from a referral by the U.S. Department of Labor following an investigation by the Department of Labor’s Veterans’ Employment and Training Service.

USERRA explicitly protects the rights of members of the uniformed services to retain their employment following absences due to military service obligations. “Members of the Air Force Reserve sacrifice time away from their jobs to serve their country,” said U.S. Attorney Charles M. Oberly III. “USERRA ensures that they are not discriminated against and that their employment rights are protected.”

Regal Contractors LLC, Regal Builders LLC, and Noble Pond Homes face significant consequences if found guilty of violating USERRA. The lawsuit seeks back pay, damages, and other relief for Fluman. The case is being handled by the Civil Rights Division and the U.S. Attorney’s Office for the District of Delaware, who work collaboratively with the Department of Labor to protect the jobs and benefits of National Guard and Reserve servicemembers upon their return to civilian life.

Defendant: Regal Contractors LLC, Regal Builders LLC, Noble Pond Homes

Criminal Charge: Violation of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)

City and State: Wilmington, Delaware

Exact Date: September 3, 2012

Sentence or Outcome: Current status of the case

MORE FEDERAL CRIME NEWS

White Collar Crime

Jeffrey Lavelle, Mail and Wire Fraud, Missouri 2014

Mar 19, 2015

White Collar Crime

Hernandez Mendoza, Wire Fraud, California 2013

Jan 15, 2013

White Collar Crime

Raymond Yamashita, Money Laundering, Nevada 2002

Jan 15, 2002

White Collar Crime

Robert Tomko, Sr., Hazardous Waste Dumping, Texas 1998

Dec 15, 1997