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US complaint: Plymouth reservist deprived of benefits

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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.

 

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  1. Your article is a good intro the recent amendments to Fed.R.Civ.P. For a much longer - though not necessarily better -- summary, counsel might want to read THE CHIEF UMPIRE IS CHANGING THE STRIKE ZONE, which I co-authored and which was just published in the January issue of THE VERDICT (the monthly publication of the Indiana Trial Lawyers Association).

  2. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  3. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  4. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  5. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

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