FedEx employee eligible for navy go away: Court docket – Firm Insurance
A federal appeals court overturned a lower court on Tuesday ruling that an employee of Federal Express Corp. Is entitled to payment for his military reserve leave.
According to the judgment of the 3rd
Mr Travers did not receive any compensation from FedEx for these absences as the company does not pay its employees military leave, but it ruled workers who miss their jobs for other reasons such as jury, illness, and bereavement.
Mr. Travers filed a lawsuit in the Philadelphia District Court under the Uniformed Services Employment and Reemployment Rights Act of 1994 to challenge this policy. The district court ruled in favor of FedEx.
After carefully analyzing USERRA's language, a three-judge appellate body concluded that Mr. Travers made a claim under a so-called "Statute with a long history of job security and related benefits for America that invokes our common defense." is “claimed.
"Best understood, USERRA does not allow employers to treat service members differently by paying employees for certain types of vacation while they are exempting military service," said the ruling, which referred the case back to the lower court.
In February, a three-judge panel of the 7th Chicago Court of Appeals overturned a lower court ruling in the Eric White v United Airlines Inc. case and refused to dismiss a reserve pilot case and sued the airline for paid military leave.
Jonathan E. Taylor, a director of Gupta Wessler PLLC in Washington who represented Mr. Travers on the 3rd District case, said in a statement: “This is a great win for those who serve our country honorably and only ask that it is they who are treated equally by their employers.
“The Third Circuit joined the Seventh Circuit today to declare that federal law requires full equality between service members and other employees when taking vacations. Six appellate judges have now examined employers' arguments on the matter and all six have vigorously dismissed them.
FedEx lawyers did not respond to a request for comment.
In July, a federal appeals court overturned a lower court ruling and ruled in favor of a railroad company in a lawsuit filed by a former employee who charged them with violating USERRA on returning from an assignment.