Christopher Christiansen sued Morrell (doing business as Smithfield Foods) under the Uniformed Services Employment and Reemployment Rights Act (USERRA), alleging that the company failed to rehire him following his military service. Christiansen had worked for Morrell as a maintenance mechanic and had previously taken military leave for deployments with the South Dakota Army National Guard.
Christiansen was terminated in 2014, reinstated in 2016 under a settlement agreement, and later placed on military leave again in 2017. He was honorably discharged in October 2019 and sought reemployment. Morrell declined to rehire him, stating that Christiansen failed to respond to their reemployment offer in 2020. Christiansen disputed this, claiming he was unaware of any such offer and remained eligible for reinstatement.
In 2021, Christiansen filed suit in South Dakota state court, seeking declaratory relief, reinstatement, back pay, and attorney’s fees. Morrell moved for summary judgment, asserting that it had fulfilled its USERRA obligations and that Christiansen’s claim was untimely. The circuit court granted summary judgment to Morrell.
South Dakota Supreme Court reversed summary judgment
On appeal, the South Dakota Supreme Court reviewed whether genuine issues of material fact precluded summary judgment. The court examined USERRA’s reemployment provisions, which require timely application for reinstatement following military service. The statute provides that veterans are entitled to reemployment if they meet certain conditions, including notification upon return and no disqualifying conduct.
The court found that factual disputes remained about whether Christiansen had received Morrell’s alleged offer and whether he had responded. Christiansen submitted affidavits and documentation indicating he made efforts to return to work and had no knowledge of any reemployment offer.
The court also rejected Morrell’s claim that Christiansen’s suit was untimely. It held that USERRA does not contain a statute of limitations and that the circuit court erred in applying a laches defense. The court emphasized that USERRA is a remedial statute, to be construed in favor of military service members.
Final outcome
The South Dakota Supreme Court reversed the grant of summary judgment and remanded the case for further proceedings. It held that material fact disputes and improper application of timeliness defenses required trial on the merits.
Help with USERRA violations and military reemployment rights
If you were denied reemployment after military service or faced workplace issues related to your National Guard or reserve duties, Whitcomb, Selinsky PC handles USERRA claims involving reinstatement, back pay, and service member rights. Reach out to schedule a consultation and learn how our team can assist with your case.
Joe Whitcomb
