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Military-leave suit targets law firm

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The U.S. Department of Justice says an Indianapolis law firm wrongfully refused to re-employ a staff attorney who'd returned from serving in Iraq as a member of the Indiana Army National Guard.

Filing a four-page suit Monday in the U.S. District Court, Southern District of Indiana, Indianapolis Division, the DOJ is suing on behalf of Mt. Vernon resident and National Guardsman Matthew B. Jeffries who now works as a bankruptcy attorney in Evansville. The suit accuses Indianapolis law firm Mike Norris & Associates of violating the Uniformed Services Employment and Reemployment Rights Act of 1994, which requires those who leave their jobs to serve in the U.S. military be timely re-employed by their civilian employers in the same or comparable position that they would have held if they hadn't left to serve their country.

Jeffries was called to active duty in February 2003 and deployed at the beginning of the Operation Enduring Freedom in Iraq. Returning in April 2004 with an honorable discharge, he contacted Mike Norris & Associates about returning to his job and the firm refused to re-employ him, the suit alleges. Jeffries filed a complaint with the Department of Labor's Veterans' Employment and Training Service (VETS), which investigated, determined the claim had merit, and referred the matter to the justice department.

Jeffries couldn't be reached at his Evansville office Tuesday morning, and Norris declined to comment on the allegations. His counsel, Indianapolis attorney Dan Emerson at Bose McKinney & Evans, said he wasn't aware that his client had been served the complaint yet and that it would premature to comment before that happens.

More than three dozen of these USERRA cases have been filed nationally since the start of the Iraqi war in 2003, including six this year, according to the DOJ employment litigation section Web site. One filed Feb. 27, 2009, in Dayton, Ohio, involved Indiana National Guardsman Kevin Stenger, who was put in a lower position after returning from a two-week annual military training to his job at industrial electrical contractor Wagner Industrial Electric. Instead of getting his previous position of foreman, Stenger was given the spot of journeyman and received a lower salary, fewer responsibilities, and less overtime opportunity. That suit remains pending.

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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