Current Cases

BRETT GAILEY V. EVERETT PD

Civil Action No. 2:19-cv-00859

The Everett Police Department (EPD) hired Mr. Gailey as a patrol officer. Immediately after hiring him Mr. Gailey got deployed to Iraq with the Army National Guard. Upon his return from Iraq the EPD did not properly re-employ him by denying him service credit for his year long deployment in Iraq. When the EPD refused to give Mr. Gailey the lawfully required service credit he contacted the Employer Support for Guard and Reserve (ESGR) who, in turn, convinced EPD to follow the law. And since the day he contacted the ESGR to enforce his USERRA rights Mr. Gailey was a marked man, trouble maker, or “that guy” who tried to get his law enforcement agency employer to follow the law. Mr. Gailey subsequently filed a USERRA complaint with the Department of Labor/VETS who, in turn, found that the EPD violated USERRA in discriminating against Mr. Gailey. However, since the EPD would not agree to resolve Mr. Gailey’s substantiated complaint he had no choice by to file suit. A copy of Mr. Gailey’s complaint is available here.

_________________________  

 

Cause No. 19-2-02427-32

Cash Kramer worked for Qwest Corporation (which effectively operates as Centurylink in Washington) for nearly 17 years. Through no fault of his own he got electrocuted on the job and nearly died. Mr. Kramer’s near death caused him to make an L&I claim. While on L&I leave two of Mr. Kramer’s co-workers drove to his house – – a house that sits on 10 acres in a rural part of Spokane County. At the time his co-workers were arriving Mr. Kramer was exercising his Second Amendment rights to shoot his firearm. When the co-workers arrived Mr. Kramer stopped shooting, offered his co-workers the opportunity to shoot his gun (they declined), and helped his co-workers try to find the work related items they were looking for. The co-workers left Mr. Kramer’s property without incident. However, nearly one year later when Mr. Kramer informed Qwest that he had healed from his injury and ready to return to work on light duty, Qwest used Mr. Kramer’s discharging of his firearms as a pretext for terminating his employment in wrongly claiming that Mr. Kramer’s shooting his gun on his own property while off duty threatened his co-workers. A copy of Mr. Kramer’s complaint for disability discrimination and discharge in violation of state public policy (exercise of Second Amendment rights) is available here.

_________________________  

 

CASEY CLARKSON V. ALASKA AIRLINES & HORIZON AIRLINES

Civil Action No. 2:19-cv-00005

This is a class action lawsuit involving Alaska Airlines and Horizon Airlines’ violations of USERRA’s re-employment and benefit provisions. Specifically, this case alleges that Horizon Airlines utilized a virtual credit policy that violated USERRA’s re-employment statute insofar as the virtual credit policy made it so reservists who served on military duty were returned to work in a lower flying status. The case also alleges that Alaska Airlines violated USERRA’s benefit provision by failing to pay military reservists for short term military leave while paying other similarly situated workers for like periods of short term leave.

A copy of the complaint is available here.

_________________________  

JAMES SCANLAN V. AMERICAN AIRLINES

Civil Action No. 2:18-cv-04040-HB

 

James Scanlan, a pilot for American Airlines and also a Major General in the U.S. Air Force Reserves, filed suit on behalf of himself and his fellow military reserve pilots for American Airlines alleging that the company violated USERRA’s employee benefit statute, 38 USC 4316, by not paying military reservists their wages for short term leave but by paying other similarly situated employees their wages for shot term sick leave and jury duty leave and by not crediting their military leave for the purposes of determining profit sharing benefits.

The lawsuit was filed in the Eastern District of Pennsylvania, the place where Mr. Scanlan works. American, which is headquartered in Texas, tried to move the case from Pennsylvania to Texas shortly after Mr. Scanlan filed suit. The Court denied American’s motion. A copy of that order is available here.

American sought to dismiss the entirety of Mr. Scanlan’s complaint. The Court denied the majority of American’ motion. A copy of that order is available here.

A copy of the complaint is available here.

 

_________________________  

DANIEL ESPINOZA V. CITY OF SEATTLE, ET. AL.

Civil Action No. 2:17-cv-01709

This case involves a career City of Seattle police officer who alleges that the City failed to promote him due to his obligations with the United States Marine Corps Reserves.

A copy of Mr. Espinoza’s complaint is available here.

__________________________

 

JAYSON HUNTSMAN V. SOUTHWEST AIRLINES

Northern District of California

Civil Action No. 4:17-cv-03972

This case involves a class action lawsuit against Southwest Airlines alleging that Southwest violated certain pension and employee benefit provisions of the Uniformed Services Employment and Re-employment Rights Act (USERRA). Specifically, the complaint alleges that Southwest did not count short term military leave for pension calculation purposes and that Southwest did not allow pilots on short term military leave to accrue sick leave whereas Southwest allowed pilots on comparable forms of non-military short term leave to accrue paid sick leave.

A copy of the complaint is available here.

_________________________

Home Current Cases
© ServiceMemeberLaw | Disclaimer