Gabriel Jimenez filed a lawsuit under the Uniformed Services Employment and Reemployment Rights Act (USERRA) against his former employer, Holbrook Plastic Pipe Supply, Inc. Jimenez alleged that the company failed to rehire him after his military deployment, in violation of USERRA’s reemployment provisions.
Jimenez worked for Holbrook from 2014 until mid-2019, when he was called to active duty with the U.S. Army Reserve. He informed the company of his orders and expected to return to work upon completion of his service. Jimenez was honorably discharged in October 2020 and stated he attempted to contact Holbrook shortly after, seeking reemployment.
Holbrook claimed it never received proper notice of Jimenez’s intent to return and argued he failed to comply with USERRA’s reemployment timelines. The company also contended that it had no available position at the time and that Jimenez had voluntarily ended the employment relationship.
Jimenez filed suit in federal district court, seeking declaratory relief, reinstatement, back pay, and damages. He presented evidence of multiple text messages and emails sent to Holbrook in late 2020 and early 2021, requesting information about returning to work. Holbrook disputed the authenticity and timing of the messages.
Court denied summary judgment due to factual disputes
Holbrook moved for summary judgment, asserting that Jimenez failed to prove a violation of USERRA. The court reviewed USERRA’s requirements, which protect service members’ right to be reinstated if they timely apply after completing service and meet certain eligibility criteria.
The court found that material issues of fact existed regarding Jimenez’s reemployment efforts and Holbrook’s response. Evidence supported the possibility that Jimenez provided adequate notice and that Holbrook failed to follow USERRA’s reemployment obligations. The court also noted that USERRA does not require a formal application or specific language, only clear communication of an intent to return.
The court held that a jury could reasonably find in favor of Jimenez based on the conflicting accounts and documentation. As a result, it denied Holbrook’s motion for summary judgment.
Final outcome
The federal district court denied Holbrook’s motion for summary judgment and allowed Jimenez’s USERRA claim to proceed to trial for a determination on reemployment eligibility and potential remedies.
Help with USERRA compliance and military reemployment rights
If you are a service member facing difficulties returning to work after deployment or an employer managing reemployment obligations, Whitcomb, Selinsky PC handles USERRA claims, reemployment disputes, and military service protections. Reach out to schedule a consultation and learn how our team can assist with your case.
Joe Whitcomb
