From: Ryan M Gill (rmgill@mindspring.com)
Date: Wed Mar 19 2003 - 09:35:19 PST
At 12:35 PM -0500 3/19/03, FireflyArms wrote:
>Sorry for taking up bandwidth with this but...
>
>If you read the article, you'll see that in both of the cases mentioned the
>employees were terminated for "poor job performance" NOT specifically because
>of their military service.
Their biggest problem, is that they cited military service in the
termination letter. Also:
17. Who has the burden of proof in discrimination cases?
The employer or prospective employer. USERRA provides that a denial
of employment or an adverse action taken by an employer will be
unlawful if a service connection was a motivating factor (not
necessarily the only factor) in the denial or adverse action "unless
the employer can prove that the action would have been taken in the
absence of such membership, application for membership or obligation."
From the Army's JAG chaps:
http://www.jagcnet.army.mil/JAGCNETInternet/Homepages/AC/Legal%20Assistance%20Home%20Page.nsf/626e6035eadbb4cd85256499006b15a6/087b09fb48c325b7852568ad001f01cc!OpenDocument&ExpandSection=17,16,4#_Section17
>As in everything we read/see/hear in the media, I'm sure there are two sides
>to this story. I'll prefer to remember the phrase "innocent until proven
>guilty" and withold my personal Pep Boys boycott until the case is settled in
>court.
Granted.
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