Petty V Metropolitan Government

In: Business and Management

Submitted By antwannaneal
Words 1464
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Petty v. Metropolitan Government of Nashville and Davidson County
HRM 510: Business Employment Law
Dr. Moore
May 15, 2011

The Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994 provide employment protection of National Guard and Reserve military personnel. This legislation protects military veterans and reservists' rights with respect to their civilian jobs and benefits, and outlines employee, and employer responsibilities as well (Lundin, p. 20). Additionally, the law requires employers to refrain from discrimination in hiring, re-employment and benefits because of an employee's military service or connection (Lundin, p. 20). Although the USERRA has been effective in protecting the employed military member, it requires some work in the area of hiring new employees. Simply because of their military status, many qualified job applicants are often passed-over, it is an unlawful practice but very hard to prove by the Reserve/Guard member. Simply put, there are thousands of veterans unable to secure employment because it is too easy for the employers to select other non-military recruits. In the case of Petty v. Metropolitan Government the company was accused of violating this legislation.
1. What were the legal issues in this case?
The legal issues in this case involved the treatments of Petty, a former Police Officer who left the Metro Police Department for active duty with the United States Army. Upon his request to be reinstatement, Petty was not placed in his original position as a patrol sergeant or a similar position based on the completion of the return-to-work form n which he did not disclose all the facts regarding his discharge status. The police department return-to-work process is a policy that is required for all officers to complete if they were away for an extended period of time no matter what the reason for their…...

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