ILNews

US complaint: Plymouth reservist deprived of benefits

Back to TopCommentsE-mailPrintBookmark and Share

A U.S. Air Force reservist was illegally denied longevity pay when he returned to his job as a police officer in Plymouth, according to a federal complaint.

U.S. Attorney for the Northern District of Indiana David Capp said a complaint had been filed against the city alleging violation of the Uniformed Services Employment and Reemployment Rights Act of 1994.

Reservist Robert D. DeLee has been a patrolman in Plymouth for more than a dozen years and has been a member of the Air Force Reserve since before joining the force, according to a news release.

DeLee was mobilized for active duty from September 2010 to May 2011, but when he returned to active duty on the police force, the department refused him longevity pay that he would have received if he had not been called up, the complaint alleges.

“No service member should ever lose their seniority-based benefits provided by civilian employment because they took time out to protect our country,” said Thomas E. Perez, assistant attorney general for the Civil Rights Division. “No employer, whether a city or a private company, can deprive a service member of rights that USERRA affords through implementation of its own policy or local ordinances.”

Subject to certain conditions, USERRA requires employers to promptly re-employ returning service members to the position they would have held had their employment not been interrupted by military service, and to provide them with all benefits of employment to which the employee would have been entitled if he or she had not been called up to active duty.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

ADVERTISEMENT