Woman files lawsuit after being fired for her military service
03-07-2008, 12:07 AM
#1
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Woman files lawsuit after being fired for her military service
Hmmm, I never thought Children's Hospital would do something like this. Very disappointing.
From KING5:
SEATTLE – Kelly Hansen of Kirkland has served for many years as a National Guard chaplain. But now she says it has cost her her job as a chaplain at Children's Hospital in Seattle.
She was required to drill for a weekend and take time off work.
"The first day she came back to work after her drill weekend she was called into her supervisor's office and terminated," said James Beck, her lawyer.
In a lawsuit filed Thursday in Seattle Federal Court, Hansen claims she was fired because Children's Hospital knew that her unit was on alert and she would be leaving for a 14-month deployment to Iraq.
State and federal law require businesses to hold jobs for employees serving the Guard and Reserves, and those that don’t can face stiff penalties.
"I'm very happy and I hope that no military man ever has to go through what I went through again," said Air Force Reservist Jerry Delay of Federal Way who won a more-than-half-million dollar judgment against his former employer. Ace Heating falsified Delay's employment records before firing him after he returned from a tour of duty.
"Why should any veteran who served their country have to come home and find a job all over again?" asked Mike Gervais, Marine veteran.
Vets at VFW Post 9430 said they never expected such claims against a local institution such as Children's Hospital.
"It does surprise me because I would have thought that they would have been vet friendly," said Robert Swartley, Air Force veteran.
Chaplain Hansen's lawyer says as the war wears on, his office is seeing more of these types of complaints.
Children's Hospital did not comment, but is expected to say that its policy forbids discrimination against vets.
A spokesperson said the hospital hasn't seen the lawsuit yet.
A U.S. Senate subcommittee is exploring whether more legislation is needed to protect veterans' employment rights.
http://www.king5.com/topstories/stor....2d67e61b.html
SEATTLE – Kelly Hansen of Kirkland has served for many years as a National Guard chaplain. But now she says it has cost her her job as a chaplain at Children's Hospital in Seattle.
She was required to drill for a weekend and take time off work.
"The first day she came back to work after her drill weekend she was called into her supervisor's office and terminated," said James Beck, her lawyer.
In a lawsuit filed Thursday in Seattle Federal Court, Hansen claims she was fired because Children's Hospital knew that her unit was on alert and she would be leaving for a 14-month deployment to Iraq.
State and federal law require businesses to hold jobs for employees serving the Guard and Reserves, and those that don’t can face stiff penalties.
"I'm very happy and I hope that no military man ever has to go through what I went through again," said Air Force Reservist Jerry Delay of Federal Way who won a more-than-half-million dollar judgment against his former employer. Ace Heating falsified Delay's employment records before firing him after he returned from a tour of duty.
"Why should any veteran who served their country have to come home and find a job all over again?" asked Mike Gervais, Marine veteran.
Vets at VFW Post 9430 said they never expected such claims against a local institution such as Children's Hospital.
"It does surprise me because I would have thought that they would have been vet friendly," said Robert Swartley, Air Force veteran.
Chaplain Hansen's lawyer says as the war wears on, his office is seeing more of these types of complaints.
Children's Hospital did not comment, but is expected to say that its policy forbids discrimination against vets.
A spokesperson said the hospital hasn't seen the lawsuit yet.
A U.S. Senate subcommittee is exploring whether more legislation is needed to protect veterans' employment rights.
http://www.king5.com/topstories/stor....2d67e61b.html
03-07-2008, 01:12 AM
#2
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Sometimes I wonder about the state of affairs in America. It just makes me sick that people would still do things like this.
You are not only a vet but a human being as well, we shouldn't treat anyone like this.
You are not only a vet but a human being as well, we shouldn't treat anyone like this.
I spent a better part of my childhood in that area and it disappoints me terribly when I see how far left that area has moved.
03-07-2008, 07:21 AM
#5
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In a weird way it is good for all reservists. Why? USERRA protects against exactly this. The DOL VETS office would investigate and urge the employer to reconsider. An arrogant and wreckless employer whose Labor atty's think they know the law tell DOL VETS they will not back off. DOL hands over to DOJ who can prosecute. Usually very,very successfully. That ultimately is how labor atty's get the message and reccommend to employers USERRA has teeth. The employee is always free to sue on their own. Not sure what this Reservists did, file through DOL/DOJ or a personal lawsuit.
I am glad her case is in court. Guessing the hospital will regret this one. Congress was explicit and DOL knows that the volunteer forces depend upon USERRA to keep people serving. DOL can get pretty aggressive when people start losing jobs. Ignorance of the law doesn't get you a buy in court regarding USERRA.
I am glad her case is in court. Guessing the hospital will regret this one. Congress was explicit and DOL knows that the volunteer forces depend upon USERRA to keep people serving. DOL can get pretty aggressive when people start losing jobs. Ignorance of the law doesn't get you a buy in court regarding USERRA.
03-08-2008, 08:39 PM
#6
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Posts: 142
Gents,
Word to the wise. Found out from my local ESGR rep today during drill weekend that Companies are trying to find out if their employee, the service member, "Volunteered" to go.
I am currently working as an FTS/AGR (for you AF types) and am advising the troops to let their employers know that according to the Navy rules "we are all volunteers and can be involuntary mobilized at any time."
Employers are tired of operating at 70% strength but paying 100% medical and pay supplements for those that are gone. I feel their pain, as we, the reserves are feeling the pain of redeployments. Don't let your company you Volunteered to go. You might not be entitled your job back or be covered by USERRA. Anyone know differently or heard the same thing?
But the Chaplain has a case and that Hospital will be cutting a "please go away check"
Regrads,
Spanky
Word to the wise. Found out from my local ESGR rep today during drill weekend that Companies are trying to find out if their employee, the service member, "Volunteered" to go.
I am currently working as an FTS/AGR (for you AF types) and am advising the troops to let their employers know that according to the Navy rules "we are all volunteers and can be involuntary mobilized at any time."
Employers are tired of operating at 70% strength but paying 100% medical and pay supplements for those that are gone. I feel their pain, as we, the reserves are feeling the pain of redeployments. Don't let your company you Volunteered to go. You might not be entitled your job back or be covered by USERRA. Anyone know differently or heard the same thing?
But the Chaplain has a case and that Hospital will be cutting a "please go away check"
Regrads,
Spanky
03-08-2008, 10:05 PM
#7
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Originally Posted by VQ2 Spanky
Gents,
Word to the wise. Found out from my local ESGR rep today during drill weekend that Companies are trying to find out if their employee, the service member, "Volunteered" to go.
I am currently working as an FTS/AGR (for you AF types) and am advising the troops to let their employers know that according to the Navy rules "we are all volunteers and can be involuntary mobilized at any time."
Employers are tired of operating at 70% strength but paying 100% medical and pay supplements for those that are gone. I feel their pain, as we, the reserves are feeling the pain of redeployments. Don't let your company you Volunteered to go. You might not be entitled your job back or be covered by USERRA. Anyone know differently or heard the same thing?
But the Chaplain has a case and that Hospital will be cutting a "please go away check"
Regrads,
Spanky
Word to the wise. Found out from my local ESGR rep today during drill weekend that Companies are trying to find out if their employee, the service member, "Volunteered" to go.
I am currently working as an FTS/AGR (for you AF types) and am advising the troops to let their employers know that according to the Navy rules "we are all volunteers and can be involuntary mobilized at any time."
Employers are tired of operating at 70% strength but paying 100% medical and pay supplements for those that are gone. I feel their pain, as we, the reserves are feeling the pain of redeployments. Don't let your company you Volunteered to go. You might not be entitled your job back or be covered by USERRA. Anyone know differently or heard the same thing?
But the Chaplain has a case and that Hospital will be cutting a "please go away check"
Regrads,
Spanky
1. USERRA does not require an employer to pay 100% medical and pay supplements.
2. USERRA covers you if you 'volunteer'. It does not cover Title 32 activations. (State laws usually provide better than USERRA in some of those cases). If you are on Title 10 (Federal) Military orders, you are covered regardless if you 'volunteered' or not. USERRA 1994 specifically made that designation. Pls share.
3. You are not at risk of job loss if you tell your employer you 'volunteered' to serve. We all volunteered when we joined, we now cooperate with the combat readiness of our respective units.
4. ESGR rep should rephrase their statement. It does not matter if an employer is trying to find out that info. If job is not protected, keep documentation and use that in the complaint/lawsuit. I'd recommend that the rep (if not an actual ESGR employee) get some additional info. Not trying to be harsh, but I work with the ESGR folks in my state, they have extraordinarily knowlede working out challenges like this between employers and employees before it goes to a VET office at DOL.
5. Throw out everything I say and look up for yourself (best idea)
http://esgr.org/userra.asp
The summary as a non technical guide: http://esgr.org/files/USERRANonTechnicalGuide.pdf
of particular note:
Who’s eligible for reemployment?
“Service in the uniformed services” and “uniformed services”
defined -- (38 U.S.C. Section 4303 (13 & 16)
Reemployment rights extend to persons who have been absent from a
position of employment because of "service in the uniformed
services." "Service in the uniformed services" means the
performance of duty on a voluntary or involuntary basis in a
uniformed service, including:
• Active duty
• Active duty for training
• Initial active duty for training
• Inactive duty training
• Full-time National Guard duty.
• Absence from work for an examination to determine a person’s
fitness for any of the above types of duty.
• Funeral honors duty performed by National Guard or reserve
members.
• Duty performed by intermittent employees of the National
Disaster Medical System (NDMS), which is part of the
Department of Homeland Security – Emergency Preparedness and
Response Directorate (FEMA), when activated for a public
health emergency, and approved training to prepare for such
service (added by Pub. L. 107-188, June 2002). See Title
42, U.S. Code, section 300hh-11(e).
The "uniformed services" consist of the following:
• Army, Navy, Marine Corps, Air Force, or Coast Guard.
• Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force
Reserve, or Coast Guard Reserve.
Check out the USERRA facts and for assistance see:
http://www.dol.gov/vets/
We all desire cooperative service, but HR depts and labor atty's, etc need to realize that even though they don't like the law, it is not a law ignorance will forgive.
03-10-2008, 11:43 AM
#8
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Joined APC: Jul 2007
Position: UH-60, AS-350, C-550
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ADT, IADT, FTS, funeral detail, and drill (inactive duty) are all T32 training. So USERRA will give you T32 protections.
Salty, not sure if you meant State Active duty for NG troops? That is a bad deal anyway, any unit worth its salt will find some T32 money to activate it's members for state emergencies.
Dustoff
Salty, not sure if you meant State Active duty for NG troops? That is a bad deal anyway, any unit worth its salt will find some T32 money to activate it's members for state emergencies.
Dustoff
03-10-2008, 12:34 PM
#9
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Position: Leftof longitudinal
Posts: 1,899
Originally Posted by DustoffVT
ADT, IADT, FTS, funeral detail, and drill (inactive duty) are all T32 training. So USERRA will give you T32 protections.
Salty, not sure if you meant State Active duty for NG troops? That is a bad deal anyway, any unit worth its salt will find some T32 money to activate it's members for state emergencies.
Dustoff
Salty, not sure if you meant State Active duty for NG troops? That is a bad deal anyway, any unit worth its salt will find some T32 money to activate it's members for state emergencies.
Dustoff
You are correct. Thanks for the clarification. That is what I meant to state.
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