Petty V. Metro

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Introduction: The Uniformed Services Employment and Reemployment Right Act (USERRA) were established to provide reemployment rights for employees returning from military services and protection from employment discrimination following reemployment (https:www.dol.gov/vets/programs/userra.lfs.htm). Under the USERRA, employee must provide documentation USERRA, employee must provide documentations which support their claim such as notification to employer of military leave, cumulative length in the military must be less than 5 years, upon returning, employee must request reemployment within the time frame and with specified documentations, and separation must be “honorable condition”. In the case of Petty vs. Metro, the plaintiff claimed that …show more content…
However, the sixth court favors Petty which concludes that he has a claimed upon his appeal. Metro on Petty's claims that Metro violated his rights under 38 U.S.C. §§ 4312 and 4313 by failing to reemploy him promptly and properly, and we VACATE the order of the district court granting a judgment on partial findings to Metro with respect to Petty's § 4311 discrimination claim (http://caselaw.findlaw.com/us-6th-circuit/1291168.html). Explain what the police department should have done differently?
USERRA was established to protect military personal of job protections upon their return from duty and from discrimination. Metro police department should carefully examine USERRA priority and law before determining whether to apply their policy should be applicable to veteran and their regular employees.
In the case of Petty v. Metro, the police department should have utilized the USERRA toward Petty and skip the return to work policy towards him. In addition, Petty meets all the requirements in which he had provided upon his reinstatement to Metro. The discrimination suits could have been prevented would Metro return Petty to his original position; then he wouldn’t request off duty
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