Justice Department Reaches Agreement to Protect Employment Rights of U.S. Army Reservist

WASHINGTON - The Department of Justice announced today that it has settled its employment lawsuit on behalf of Tracey Marshall, a sergeant in the U.S. Army Reserve, against the Clerk of the Circuit Court for Hillsborough County, Fla.The Department’s complaint, filed last October in the U.S. District Court in Tampa, alleged that the Clerk’s Office violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

The Clerk’s Office failed to reemploy Marshall in her prior position as supervisor of the Clerk’s Court Clerk II Section of the Circuit Criminal Division when she return from active duty in October 2005. In addition, it is alleged that the Clerk’s Office retaliated against Marshall after she took action under USERRA, by transferring her from the Clerk’s Circuit Criminal Division to the Clerks Traffic Department, which offered a lower pay rate. Under the terms of the settlement agreement, the Clerk’s Office will reinstate Marshall to Manager of the Court Clerk Area of the Clerk’s Circuit Criminal Division and pay her a $2,500 monetary award. More...