A Texas state employee called to active duty sued under the
Uniformed Services Employment and Reemployment Rights Act (USERRA), claiming he
was suspended and fired because of his military service. The 5th Circuit
analyzed whether federal courts can hear USERRA claims brought by an individual
against a state employer.
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employee was the lead dentist at the Richmond State School (RSS), a state-run
residence for physically and mentally disabled individuals. He was called to
active duty as a U.S. Navy Reserve member. While he was away, a review of the
dental clinic concluded that he had inadequately performed his work. When the
dentist returned, his supervisor suspended him with pay pending an investigation
of his poor standard of dental care.
The dentist sued his supervisor individually and as a state
official, alleging violations of USERRA and his due process rights. While the
case was pending, another investigation revealed that the dentist had not
properly treated his patients, and he was fired. A federal district court ruled
for the supervisor, reasoning that it had jurisdiction over the USERRA claim,
that the dentist's suspension and termination didn't result from his service,
and that the supervisor didn't violate the dentist's due process rights. The
dentist appealed to the 5th Circuit, which covers Louisiana, Mississippi, and
Texas.
What the court said. Disagreeing with the district court, the 5th Circuit held that a USERRA claim
brought by an individual against a state employer could not be brought in
federal court. Looking at the applicable USERRA language—"the action may
be brought in a State court"—the judges ruled that Congress didn't intend
for such claims to be heard in federal courts. By contrast, other USERRA
sections explicitly allow federal courts to hear claims against a private
employer or those brought by the federal government against a private or state
employer. Because the 5th Circuit determined that it didn't have jurisdiction,
it didn't decide whether the dentist's service led to his suspension and
termination.
The 5th Circuit also concluded that the dentist received
adequate due process before his suspension. First, Texas' interest in
safeguarding RSS residents' health outweighed his interest in his job. Second,
because the supervisor learned of the dentist's incompetence and an
investigation confirmed his poor work, the court found that the adverse action
was not "baseless and unwarranted." McIntosh v. Partridge, U.S. Court of Appeals for the 5th Circuit, No.
07-20440 (8/8/08).
Point to remember: As
more reserve and National Guard members are called to military service,
employers must be aware of—and adhere to—USERRA.