Justice Department fights for fire National Guardsman

Justice Dept. goes to bat in vet’s USERRA suit
Army Times
By Karen Jowers
Staff writer
Posted : Wednesday Jan 9, 2013

The Justice Department has filed suit against the sheriff in Jerome County, Idaho, charging violations of the reemployment rights of an Army National Guard soldier who re-injured his knee on a weekend training drill.

Mervin Jones first injured the knee in Iraq in 2004, according to the lawsuit, filed in federal court in Boise, Idaho. The complaint alleges that the sheriff’s office fired Jones on April 10, 2009, two weeks after a second knee surgery required after he re-injured his knee during a weekend training drill in 2008.

Under the Uniformed Services Employment and Reemployment Rights Act, employers must accommodate service members injured in the line of duty. Troops recuperating from injuries are allowed up to two years to be reemployed.

Jones, a medically retired sergeant, initially filed a complaint with the Labor Department, which referred it to Justice after an investigation.
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