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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. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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