Back wages owed to worker fired for planning to join armed services

By Cate Chapman on July 8, 2015

The US Dept. of Justice reached a settlement with a Washington car dealership over allegations it illegally fired an employee after learning he planned to join the armed services.

A lawsuit the department filed on behalf of Darrel Forney, a Navy Airman from Kelso, said that Bud Clary Chevrolet of Longview had violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) when it terminated Forney in January 2014.

The dealership agreed, among other things, to pay Forney $15,500 to compensate him for lost wages.

“The brave men and women who volunteer for our Armed Forces should never have to fear losing their job for signing up to protect our country,” said Acting Associate Attorney General Stuart F. Delery said July 7.  “This settlement demonstrates the Department of Justice’s commitment to protecting service members from unlawful employment discrimination and we will continue to devote time and resources to these efforts.”

According to the department’s complaint, the dealership violated USERRA by terminating Forney from his position as a lube technician in its service department after learning that he intended to join the armed services.

Forney initially intended to join the Navy Reserves, but after being terminated and unable to find other employment, he enlisted as an active duty Naval Airman.

The settlement also requires the defendants to provide training to Bud Clary Chevrolet’s management and human resources staff on the USERRA rights and obligations of employers and covered employees, including USERRA’s prohibition on terminating employees based upon their application to the military.