WASHINGTON - The U.S. Justice Department has filed a lawsuit against Goodyear Tire & Rubber today in Oklahoma for violating legislation that guarantees prompt re-employment to military personnel returning to civilian life.
According to the Justice Department, Goodyear failed to abide by the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by making Major Michael J. Ellis wait 51 weeks for re-employment. Ellis had worked at the Goodyear plant before he was called to active duty with the U.S. Army Reserves in May 2005. Ellis was honorably discharged in September 2007, but when he sought his old job back, Goodyear lagged.
"No returning service member should have to wait almost a full year for reemployment under such circumstances," said Loretta King, Acting Assistant Attorney General for the Civil Rights Division. "Such a delay clearly violates USERRA's promise of prompt reemployment."
Before going into active duty, Ellis had suffered a military-related injury, which made his work at the plant very difficult. Goodyear was in the process of finding him a less strenuous position when Ellis was called to active duty. It wasn’t until upon his return that the problems with Goodyear started.
Ellis took his complaint to the Labor Department's Veterans' Employment and Training Service before his case was referred to the Justice Department for litigation.
Source: U.S. Department of Justice
Additional information about USERRA can be found on the Justice Department's Web sites at http://www.servicemembers.gov/ and http://www.usdoj.gov/crt/emp, as well as the Labor Department's Web site at http://www.dol.gov/vets/programs/userra/main.htm.
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