Jury Rejects Army Reservist’s USERRA Claim; 11th Circuit Affirms
A former employee of our client Guerrieri Management, Inc., which owns 11 Taco Bell franchises in the Tampa, Florida area claimed that when he returned to work in December 2008 after two weeks of U.S. Army reserve duty, the company did not “promptly” return him to work as an assistant restaurant manager. He sued in federal court in Florida, alleging that the failure to "promptly" return him to work was due to discrimination based on his military service in violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA). After a three- day trial in which we presented evidence that the plaintiff had stopped communicating with his employer following his military service, the jury agreed that our client had not discriminated against the former employee because of his military service, and that the company did not fail to promptly return him to work. The plaintiff appealed and the 11th Circuit affirmed. It rejected his arguments that the trial court committed error during the trial and that he did not receive a fair trial.