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Supreme Court’s Decision in USERRA Case Likely to Have Broader Implications
March 9, 2011
On March 1, 2011, the United States Supreme Court issued its decision in Staub vs. Procter Hospital, a lawsuit brought under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The plaintiff in Staub alleged that his supervisors were hostile toward him because of the time he took off to fulfill his commitments to the United States Army Reserve. Although the decision to terminate Mr. Staub’s employment was made by a Vice President of Human Resources who had no objection to Mr. Staub’s military service, Mr. Staub claimed that the employer was still liable because the HR VP’s decision was based on information provided by the biased supervisors.
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