Employment Rights of N.Y. Army National Guardsman

The Department of Justice today filed a lawsuit in U.S. District Court in Philadelphia on behalf of Frantz Julien, a New York Army National Guard member, against the Symphony Diagnostic Services Inc., doing business as MobilexUSA (Mobilex), alleging violations of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

Subject to certain limitations, USERRA requires that individuals who leave their jobs to serve in the U.S. military be promptly reemployed by their civilian employers in the same positions, or in comparable positions, as the positions that they would have held had they not left to serve in the military. USERRA also requires that civilian employers reemploy returning servicemembers in positions of like pay, status and benefits to the positions the servicemembers would have had if they had been continuously employed by their civilian employers.

The Justice Department’s complaint alleges that Julien, a staff mobile radiologic technologist for Mobilex, was called to active duty in March 2003 and deployed to aid soldiers serving in Operation Enduring Freedom. Upon his completion of active duty in March 2007, Julien began contacting Mobilex to seek reemployment. The complaint alleges Mobilex did not promptly reemploy Julien and only did so in April 2008, after he filed a complaint with the Department of Labor’s Veterans’ Employment and Training Service (VETS). VETS investigated the matter, determined that Julien’s claim had merit and, upon completion of conciliation efforts, referred the matter to the Justice Department.