Have your buddy keep a copy and the original of the quoted reason for poor performance. It is worth a lot of money!!!
Here is the statute: http://www.usdoj.gov/crt/military/statute.htm or http://www.esgr.org/files/userra.pdf
UNIFORMED SERVICES EMPLOYMENT
AND
REEMPLOYMENT RIGHTS ACT OF 1994
USERRA is a federal statute that protects servicemembers’ and veterans’ civilian employment rights. Among other things, under certain conditions, USERRA requires employers to put individuals back to work in their civilian jobs after military service. USERRA also protects servicemembers from discrimination in the workplace based on their military service or affiliation.

SUBCHAPTER I--GENERAL

§ 4301. Purposes; sense of Congress

(a) The purposes of this chapter are--

(1) to encourage noncareer service in the uniformed services by eliminating or minimizing the disadvantages to civilian careers and employment which can result from such service;

(2) to minimize the disruption to the lives of persons performing service in the uniformed services as well as to their employers, their fellow employees, and their communities, by providing for the prompt reemployment of such persons upon their completion of such service; and

(3) to prohibit discrimination against persons because of their service in the uniformed services.

and then

SUBCHAPTER II--EMPLOYMENT AND REEMPLOYMENT RIGHTS AND LIMITATIONS; PROHIBITIONS

§ 4311. Discrimination against persons who serve in the uniformed services and acts of reprisal prohibited

(a) A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation.

(b) An employer may not discriminate in employment against or take any adverse employment action against any person because such person (1) has taken an action to enforce a protection afforded any person under this chapter, (2) has testified or otherwise made a statement in or in connection with any proceeding under this chapter, (3) has assisted or otherwise participated in an investigation under this chapter, or (4) has exercised a right provided for in this chapter. The prohibition in this subsection shall apply with respect to a person regardless of whether that person has performed service in the uniformed services.

(c) An employer shall be considered to have engaged in actions prohibited-

(1) under subsection (a), if the person's membership, application for membership, service, application for service, or obligation for service in the uniformed services is a motivating factor in the employer's action, unless the employer can prove that the action would have been taken in the absence of such membership, application for membership, service, application for service, or obligation for service; or ..


Looks like LM is violating these statutes.
For a beneficial read http://www.roa.org/site/PageServer?p...law_review_197 on the complaint process.

One of the best sites everyone here should peruse: http://www.roa.org/site/PageServer?p...eview_index#18 and http://www.roa.org/site/PageServer?p...review_archive

1. Recommend they do not go straight to Department of Labor- Veterans Employment and Training Service (DOL-VETS), the enforcement arm. If the DOL wants to sue, it goes to Department of Justice (DOJ). Smart employers avoid this like the plague, especially now.

First attempt to resolve with the Employer Support of the Guard and Reserve (ESGR) http://www.esgr.net/
A DOD organization that works to "mediate" and educate employers. They have a program that I am sure LM has signed that says they will go "above and beyond", it is voluntary, but carries big weight (especially if they have Federal govt. contracts) . Read about it here: http://esgr.org/resources.asp?p=sosprogram

Go here for ESGR support: http://www.esgr.net/forms.asp?p=complaintrequest

2. If that fails to work, then file the DOL complaint with the VETS office in the state of residence (ESGR can help) http://www.dol.gov/vets/

3. Enjoy the settlement.

Any questions PM me.

PS. All pilots read this: http://www.roa.org/site/PageServer?p...aw_review_0762