United States Sixth Circuit

In plaintiff's suit against his former employer, a managing and operating contractor for the National Nuclear Security Administration (NNSA), claiming violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Tennessee Public Protection Act, and common law retaliation, district court's grant of defendant's motion for summary judgment is affirmed as plaintiff does not point to evidence showing that his protected status was a motivating factor in the adverse employment action, and even if he could, defendant can show that it would have taken the adverse action anyway, for a valid reason.

Appellate Information

• Argued 08/05/2010
• Decided 09/22/2010
• Published 10/15/2010

Judges

• McKEAGUE

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Robert E. Pryor, Jr., Edward G. Phillips