United States Federal Circuit

In a case alleging a violation of an employee's rights under the Uniformed Services Employment and Reemployment Rights Act, a Merit Systems Protection Board order that petitioner was not entitled to a compensation award is vacated and remanded where the reemployment of petitioner after his military service in a part-time position requiring irregular shifts, rather than in the full-time position he should have been assigned to, deprived him of the benefit of working regular hours, and entitled him to compensation.

Appellate Information

• Decided 09/04/2008
• Published 09/04/2008

Judges

• BRYSON, Circuit Judge., Before LOURIE, BRYSON, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Thomas E. Vanderbloemen, Gallivan, White & Boyd, P.A., of Greenville, SC, argued for petitioner.


• For Appellees:
  
• Tara J. Kilfoyle, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent.   With her on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Steven J. Gillingham, Assistant Director.