Home -> Law Blog Directory -> Labor & Employment Law Blogs -> New York Public Personnel Law
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Labor & Employment Law
: New York Public Personnel LawEmployer held liable under the Uniformed Services Employment and Reemployment Rights Act for adverse action taken against an individual by supervisor
Vincent E. Staub, Petitioner v. Proctor Hospital , USSC, No. 09-400, [March 1, 2011]
While employed by Proctor Hospital, Vincent Staub served as a member of the United States Army Reserve. As such, he was required to attend drills one weekend per month and to train full time for two to three weeks a year.
Both Janice Mulally, Staub's immediate supervisor, and Michael Korenchuk, Mulally's supervisor, were hostile to Staub's military obligations. Mulally scheduled Staub for additional shifts without notice so that he would " 'pa[y] back the department for everyone else having to bend over backwards to cover [his] schedule for the Reserves.?"
Mulally also informed Staub's co-worker, Leslie Sweborg, that Staub's "military duty had been a strain on th[e] department," and asked Sweborg to help her "get rid of him". Korenchuk referred to Staub's military obligations as "a b[u]nch of smoking and joking and [a] waste of taxpayers['] money?' "He was also aware that Mulally was "out to get" Staub.
The Supreme Court held that ?if a supervisor performs an act motivated by antimilitary animus that is intended by the supervisor to cause an adverse employment action, and if that act is a proximate cause of the ultimate [adverse] employment action, then the employer is liable under USERRA [Uniformed Services Employment and Reemployment Rights Act of 1994].?
.
Full post as published by New York Public Personnel Law on March 02, 2011 (boomark / email).
Pre-paid Leagal Services
What are Prepaid Legal Benefit Plans
Discouraging Union Organizers
Strict work place rules
Employment Contracts
General Contract Law Principles
Paxil Lawsuit
Paxil Claims, Lawsuits, and Injuries
Cumulative Voting
Protecting minority shareholder interests
The Civil Rights Act of 1871
Law bans discrimination enacted under color of state law
Employment
Employee rights including labor law, harassment, safety, unpaid overtime, discrimination and union disputes.
Restaurant Staff
Win Lawsuit Suit Against Employer for Infiltrating their MySpace Forum
Road Supervisor
Nesquehoning Borough pays former employee $47,500 wrongful termination settlement.
Rally Rights
Gettysburg Borough awards arrested protester $22,500 civil rights settlement.
Cell Phone Services
AT&T Mobility may have to pay $10 million to Florida customers after charging for third-party services.
Medical Tubing Errors Leading to Adverse Events Including Death
Medical Tubing Errors Leading to Adverse Events Including Death

Supreme Court upholds liability in cat's paw case
USERRA Reemployment Claim Does Not Require Proof of Intent
SCOTUS Will Review Cat's Paw Case
Appeals Court Upholds Dismissal of USERRA Suit
SCOTUS will review "cat's paw" case







