The U.S. Justice Department has filed a law suit against a Dover contracting company alleging that it violated the Uniformed Services Employment and Reemployment Rights Act of 1994 by terminating a U.S. Air Force Reserve member following his return from required military training with his reserve unit.
The suit states that Regal Contractors LLC, Regal Builders LLC and Noble Pond Homes terminated Lon Fluman, a senior airman with the U.S. Air Force Reserve serving with the 712th Aircraft Maintenance Squadron at Dover Air Force Base, alleging Fluman's notice of leave was not sufficient.
According to the complaint, filed in the U.S. District Court for Delaware, Fluman was scheduled for reserve military duty to begin on Sept. 3, 2012 but was rescheduled on short notice to start one day later. Subsequently, Fluman served weekend reserve duty in early December of 2012. Following his second duty, the contractor terminated Fluman from his position as a maintenance technician. Although Fluman satisfied USERRA's notification requirements before departing for his military leaves, according to the complaint, the defendants terminated Fluman anyway, the complaint states.
This case stems from a referral by the U.S. Department of Labor following an investigation by the Department of Labor's Veterans' Employment and Training Service, U.S. Department of Justice officials said. The case is being handled by the Civil Rights Division and the U.S. Attorney's Office for the District of Delaware.