Crystal R. Brazel
BUS510 Business Employment Law
Professor Damaris Garrett
February 16, 2013
Petty v. Metropolitan Gov’t of Nashville & Davidson County What were the legal issues in this case?
In this case there where (3) legal issues: (1) Metro delayed rehiring Petty for the purpose of subjecting him to the department's return-to-work process; (2) Metro did not properly rehire Petty because he was not placed in the position to which he was entitled; and (3) Metro impermissibly denied him the ability to work off-duty security jobs. These claims were asserted as violations of the reemployment provisions of USERRA, §§ 4312-4313, and the antidiscrimination provision of the Act, § 4311 (Walsh, 2010).
Employment rights of military reservists are protected under the Uniformed Service Employment and Reemployment Rights Act of 1994 (Title 38 United States Code, Sections 4301 to 4335), or USERRA. USERRA is intended to provide protections to members of the military reserves, the national or air guards, or the other Uniformed Services such as the Public Health Service. These protections include, but are not limited to: (1) ensuring they are not disadvantaged in their civilian careers because of their military service; (2) are promptly reemployed in their civilian jobs upon their return from duty; and (3) are not discriminated against in employment based on past, present or future military service (Morin). Explain how the reemployment provisions of the USERRA were violated in this case.
USERRA is a federal statute that protects service members and veterans civilian employment rights. Among other things, under certain conditions, USERRA requires employers to put individuals back to work in their civilian jobs after military service. USERRA also protects service members from discrimination in the workplace based on their military service or affiliation.