WASHINGTON – The Justice Department
announced today the filing of a complaint in U.S. District Court for the Middle
District of North Carolina against Forsyth County, N.C., and the county
sheriff, William T. Schatzman, for violating the employment rights of North
Carolina Army National Guard soldier Michael Russell under the Uniformed
Services Employment and Reemployment Rights Act of 1994 (USERRA).
The department’s complaint alleges that
Sheriff Schatzman and Forsyth County violated USERRA by terminating Russell’s
employment with the Forsyth County Sheriff’s Office (FCSO) without cause and
without notice within one year after his reemployment following his return from
active military duty. Russell, an Iraq
War veteran who is currently serving with the Army National Guard in
Afghanistan, had worked as a deputy sheriff and sergeant deputy sheriff with
FCSO since 1989. In February 2010,
Russell completed a one-year deployment to Iraq with the North Carolina Army
National Guard and returned to his position with Forsyth County as a sergeant
deputy sheriff. On Nov. 29, 2010, less
than one year following Russell’s reinstatement to his position, Sheriff
Schatzman and Forsyth County discharged Russell from his employment without
cause.
According to the Justice Department’s
complaint, Russell’s employment was terminated because of Sheriff Schatzman’s
belief that Russell had supported the election campaign of another candidate
for Forsyth County sheriff, Dave Griffith.
Russell did not support Griffith’s campaign for Forsyth County
Sheriff. With the objective of winning a
motorcycle rather than the purpose of supporting Griffith’s campaign, Russell
purchased raffle tickets, at total cost of $100, for a motorcycle raffle whose
proceeds went to Griffith’s campaign.
Sheriff Schatzman and Forsyth County failed to provide notice to Russell
that purchase of tickets for a raffle sponsored by a campaign would constitute
cause for discharge.
“The men and women who wear our nation’s
uniform need to know that they will be protected from unjust terminations when
they return from significant periods of military service,” said Thomas E.
Perez, Assistant Attorney General for the Civil Rights Division. “The Civil Rights Division is committed to
aggressive enforcement of USERRA to protect our brave service members, whose
rights do not end with their first day back on the job.”
Russell initially filed a complaint with the
Labor Department’s Veterans’ Employment and Training Service, which
investigated the matter, determined that the complaint had merit and referred
the matter to the Justice Department.
The Justice Department’s Civil Rights Division subsequently decided to
represent Russell in this matter and filed this lawsuit on his behalf.
USERRA prohibits employers from discriminating
against service members with respect to employment opportunities based on their
past, current or future uniformed service obligations. USERRA also provides service members, such as
Russell, special protection from discharge from civilian employment after
returning from uniformed service, such as a deployment. Under USERRA, if an individual served over
180 days before returning to civilian employment, then he or she may not be
discharged from the civilian employment position within one year, except for
cause. In order to discharge an
individual for conduct during this protected period, an employer must show that
it was reasonable to discharge the employee for that conduct, and that the
employee had notice that the conduct would constitute cause for discharge.
Among other things, the suit seeks
compensation for Russell’s lost wages and benefits and reinstatement of
Russell’s employment with FCSO.
This case is being handled by the Employment
Litigation Section of the Justice Department’s Civil Rights Division.
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