United States Sixth Circuit

In an action under the Uniformed Services Employment and Reemployment Rights Act (USERRA) claiming that Defendant terminated Plaintiff based on his military service, judgment for Plaintiff is affirmed where evidence of anti-military animus from a decisionmaker, combined with the close temporal relationship between Plaintiff's leave for military service and his discharge, were sufficient to support the District Court's finding that Plaintiff was discharged in violation of USERRA.

Appellate Information

• Decided 07/01/2009
• Published 07/01/2009

Judges

• Before: DAUGHTREY, CLAY, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  James Stanton Whitehead, Sidley Austin LLP, Chicago, Illinois, for Appellant.  K. Cody Allison, Tiller Allison, Nashville, Tennessee, for Appellee.   ON BRIEF:  James Stanton Whitehead, Sidley Austin LLP, Chicago, Illinois, for Appellant.  K. Cody Allison, Tiller Allison, Nashville, Tennessee, Phillip Leon Davidson, Nashville, Tennessee, Gregory A. Stayart, Elkhorn, Wisconsin, for Appellee.