USERRA

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We invite you to review our newly-posted March 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:

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Clarkson v. Alaska Airlines, Inc., 59 F.4th 424 (9th Cir. 2023)

Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employers are required to provide employees who take military leave with the same non-seniority rights and benefits as colleagues who take comparable non-military leaves. Casey Clarkson, a pilot for Alaska Airlines and a military reservist, alleged that the airline’s failure to provide paid…

Staub v. Proctor Hosp., 562 U.S. ___, 131 S. Ct. 1186 (2011)

Vincent Staub, a former angiography technician for Proctor Hospital, was a member of the United States Army Reserve. Staub alleged that his employment was terminated in violation of the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) because his supervisor (Janice Mulally) and her supervisor (Michael Korenchuk) were hostile to…

Perez v. Uline, Inc., 157 Cal. App. 4th 953 (2007)

On the day that Brian Perez, a captain in the United States Marine Corps Reserves, returned to work after duty with the Reserves, his employment with Uline, Inc. was terminated. He was presented with a “Severance Agreement and Release,” offering him severance in the amount of six weeks’ salary in exchange for his execution…

Wallace v. City of San Diego, 460 F.3d 1181 (9th Cir. 2006)

James D. Wallace was employed as a police officer and detective by the City of San Diego for more than 25 years. In 1982, Wallace began serving as an officer in the Naval Reserve. After several tours of duty, including tours in Iraq (during Operation Desert Storm) and Bosnia, Wallace resigned from…