Petty V. Metroplitan

What were the legal issues in this case?

In this case they are many issues that were being challenged by Petty. The main problem was whether Metro violated Uniformed Services Employment and Reemployment Rights Act (USERRA) in its treatment towards Petty. USERRA is an act that is in place to protect workers that are in the military part time, and that have regular jobs. The issues in this case are failing to rehire Petty in the position that he had prior to leaving for his military deployment, then when he informed Metro that he was ready to return to work they took a long time reinstating him, and they denied him permission to work as an off duty security which is a job that he had before (Walsh, 348-349).

Explain how the reemployment provisions of the USERRA were violated in this case?

USERRA potentially covers every individual who has served or will serve in the uniformed services, and applies to all employers in the public and private sector, including federal employers. Since Petty was an officer, he is protected by law. The law seeks to minimize disruption to the lives of service members by ensuring that they are able to retain their civilian employment and benefits while serving their country, and by providing protection from discrimination because of their service.

The reason USERRA law was violated in this case was because when it came to Petty rehiring process, they put him through a return to work process that is not even in the law. Yes every company has it own rules, but when it comes military workers that is called to active duty, they are protected and there position is still to be open upon there return. Another area that was violated was when it came to Petty reinstatement. Upon returning to work, they hired him in a position that he was not qualified for. When Petty was working as a cop, he was a patrol sergeant, but when he returned to the job, he worked in the office answering phones. Under USERRA, he is protected and entitle to his old job functions or something similar. Also because he was only gone 3 years, his length of service would not contradict any of his prior duties.

Another violation that Metro did was denying Petty the benefit of working other jobs. Prior to his leaving, he worked as an off-duty security office to make money. This was a benefit to him and under USERRA, he is protected. Under USERRA when an employee is rehire, it prevents discrimination with the respect to any benefit of employment against persons who serve in the armed services after they return from a deployment and are reemployed. By Metro denying him this opportunity that was a benefit to him in the past, they were discriminating.

Explain why the court concludes that Petty has a claim for discrimination under USERRA

The court felt that Petty has a claim for discrimination under USERRA because