United States First Circuit
Rivera-Melendez v. Pfizer Pharmaceuticals, LLC, 12-1023
Summary judgment to defendant-employer on plaintiff's reinstatement claims under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is vacated and remanded, where: 1) the escalator principle and reasonable certainty test apply regardless of whether the promotion at issue is automatic or non-automatic; and 2) here, the district court must evaluate the matter under the correct legal standard, that is, whether it is reasonably certain that plaintiff would have been promoted to the API Team Leader position if his work at defendant had not been interrupted by military service.
Appellate Information
- Decided 09/20/2013
- Published 09/20/2013
Judges
- LIPEZ
Court
- United States First Circuit