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Petty V. Metropolitan

Essay by   •  December 11, 2011  •  Essay  •  1,092 Words (5 Pages)  •  1,885 Views

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What were the legal issues in the case?

There are several legal issues in the case of Petty v. Metropolitan Gov't of Nashville & Davidson County. The first of these legal issues is a violation of USERRA otherwise known as Uniformed Services Employment and Reemployment Rights Act. Through USERRA an employer is not allowed to delay the reemployment of a soldier returning from service. According to Petty, his employment was delayed based on his alleged dishonesty to Metro. The next legal issue was whether Petty was honest with his employer on the reason he was discharged from the military. Upon completing all the necessary paperwork involved in returning to work he seemed to omit the area which gave the reason for his discharge.

Explain how the reemployment provisions of the USERRA were violated in this case.

USERRA is in place to protect military personnel upon returning to work after serving their country. There are four functions that USERRA performs. First, it will guarantee that all military personnel can return to their previous job once their time served is up. Second, it enforces the employer to bring the military personnel back at the same job or a similar job at the same rate of pay, benefits, etc. Third, it prevents any type of discrimination against the returning military personnel. Fourth, it prohibits the termination of the employee within a 12 month period without due cause.

The reemployment provisions of USERRA were violated in this particular case when Petty was unable to return to work immediately upon his return. Metro delayed Petty's return based on information that they received in the personal history questionnaire that is required by all returning employees during the departments return to work process. Once Metro did bring Petty back it was not at the same position or a comparable position. He was placed in an office

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position. This is usually the position that employees who are under investigation are put in. Petty should have been given the same position or one comparable and not a lesser position.

Explain why the court concludes that Petty has a claim for discrimination under USERRA.

The courts concluded that Petty has a claim for discrimination because he followed all the appropriate steps that are required under USERRA once he returned from active duty. Petty was to follow the four guidelines set forth by USERRA. He first notified his employer in a timely manner that he was being called up for active duty. He was gone from his employment with Metro for less than a 5 year period and once he returned he filed a request to be reinstated to work in a timely manner. He was also discharged from active duty "Honorably". Petty also completed all the required paperwork under Metro's return-to-work process.

It was Metro that

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