Bridgestone/Firestone North American Tire has agreed to settle a Justice Department lawsuit alleging the company violated the Uniformed Services
Employment and Re-employment Rights Act of 1994 by failing to advance a returning
member of the Army National Guard on its progressive pay schedule while the guardsman was serving on active military
duty.
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progressive pay schedule and pay him lost earnings, plus interest. In settling
the lawsuit, the company denied any wrongdoing.
The complaint alleged that Bridgestone failed to advance the guardsman on its
progressive pay schedule during a period of approximately 15 months while the
guardsman was serving on active military duty.
According to the government's complaint, the guardsman joined the Army National
Guard in August 2000. He was subsequently hired by Bridgestone in May 2002.
The guardsman was then activated as a member of the Army National Guard under
Operation Enduring Freedom/Iraqi Freedom from December 2002 to March 2004. Upon
his return to Bridgestone, the guardsman was paid at the same rate as when he
left, rather than being advanced on the company's progressive pay schedule,
according to the Justice Department.
The Veterans' Employment and Training Service (VETS) of the Labor Department
referred the guardsman's complaint to the Justice Department upon completion
of its investigation.
This is the third USERRA complaint filed by the Justice Department since the
Civil Rights Division received enforcement authority for USERRA cases in September
2004.