United States Federal Circuit
McMillan v. Dep't of Justice, 2015-3042
In an action for review of the Merit Systems Protection Board decision denying his request for corrective action under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. sections 4301-4333, the Board's decision is reversed and remanded where: 1) substantial evidence does not support the Board's finding that petitioner failed to meet his burden under USERRA; and 2) the testimony proffered below by the government is insufficient to satisfy its burden.
Appellate Information
- Published 2016/02/16
Judges
- O'MALLEY
Court
- United States Federal Circuit