Plaintiff was an African-American mechanic working for a large rental property Company. He received a severe injury in the Iraq War when a roadside bomb exploded under him. The Plaintiff was discharged from the Armed Service and returned to work for the Company that he working for prior to his deployment. A Federal statute, USERRA, was enacted to protect the employment of returning Veterans. Defendant Company did hire Plaintiff back but due to his disability had to put him in a customer service position instead of his former mechanic position. Normally, the customer service position paid far less than the mechanic position; however, under the law Plaintiff had to be paid the same salary that he was earning prior to his deployment.
Winer, McKenna & Burritt, LLP, took the position that the employer was trying to force Plaintiff out because he was being overpaid in his customer service position, thus they ignored complaints of harassment and discrimination made by Plaintiff.
The defendant denied all the allegations and claimed that the Plaintiff was so psychologically disabled by his experience in Iraq that he was unable to adequately perform even in the customer service position.
Winer, McKenna & Burritt, LLP, alleged that this was simply a pretext to try to get rid of Plaintiff, who had always been a good worker and, in fact, had worked for the Company many, many years before his deployment without any significant complaints about his performance.
RESULT: Settlement on behalf of Plaintiff for $500,000