Lakeria Montgomery worked as a correctional officer for the Mobile County Sheriff’s Department at the Mobile Metro Jail. While employed, Montgomery informed her supervisor, Lieutenant Veronica Wilcox, that she would need to be absent from work on February 9, 2021 to be sworn into the United States Navy.
Montgomery alleged that Wilcox initially acknowledged the request but later instructed her to cancel her plans due to a staffing shortage. Montgomery maintained that she informed Wilcox she would still be absent for the swearing-in. Montgomery proceeded with her plans and did not report to work on the scheduled date.
Montgomery stated that her recruiter provided documentation supporting her absence and that the document was delivered to Wilcox. Montgomery alleged that Wilcox stated she would be terminated for failing to report to work. Montgomery also alleged that different reasons were later given for her termination, including allegations involving contraband.
Montgomery filed a lawsuit asserting that her termination violated the Uniformed Services Employment and Reemployment Rights Act. She named the Mobile County Sheriff’s Department, the Mobile Metro Jail, Lieutenant Wilcox, and Thomas Richardson as defendants.
Montgomery sought relief including reinstatement or front pay, back pay, lost benefits, damages, and other relief.
The Mobile County Sheriff’s Department, the Mobile Metro Jail, and Wilcox filed a motion to dismiss the amended complaint. They asserted that the Sheriff’s Department and the Mobile Metro Jail were not entities capable of being sued under Alabama law. They also asserted that Wilcox did not qualify as an employer under the Uniformed Services Employment and Reemployment Rights Act.
Montgomery responded that the entities and Wilcox exercised control over her employment and should be considered employers under the statute.
The court evaluated whether the Sheriff’s Department and the Mobile Metro Jail had the legal capacity to be sued. Applying Rule 17 and Alabama law, the court determined that a sheriff’s department is not a legal entity subject to suit. The court also determined that a county jail does not have the capacity to be sued under Alabama law. Based on this analysis, the court found that the claims against those entities could not proceed.
The court then reviewed the claim against Lieutenant Wilcox. It examined the definition of “employer” under the Uniformed Services Employment and Reemployment Rights Act, which includes individuals or entities that have control over employment opportunities.
The court considered Montgomery’s allegations that Wilcox supervised her, controlled her work schedule, addressed her leave request, and communicated the termination decision. The court determined that, at the motion to dismiss stage, these allegations were sufficient to support a claim that Wilcox qualified as an employer under the statute.
The court recommended granting the motion to dismiss in part and denying it in part. The court recommended dismissal of the claims against the Mobile County Sheriff’s Department and the Mobile Metro Jail. The court recommended that the claim against Lieutenant Wilcox proceed.
If you are dealing with issues involving military service and employment rights, our team handles matters involving USERRA claims, including disputes related to termination, reinstatement, and workplace rights tied to military obligations. You can Contact us to discuss your situation and learn more about your options.