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Veteran Established Violation Of USERRA Based Upon Lower Signing Bonus

By Tony Oncidi on January 9, 2018

Huhmann v. Federal Express Corp., 874 F.3d 1102 (9th Cir. 2017)

Dale Huhmann alleged that when he returned from serving in the United States Air Force, he was paid a signing bonus of $7,400 instead of the $17,700 bonus that he would have received had he not served. In a bench trial, the district court ruled in Huhmann’s favor, and the Ninth Circuit affirmed. The appellate court held that: (1) the case was properly decided in court and not before an arbitrator under the Railway Labor Act; (2) the district court properly applied the reasonable certainty test to determine that Huhmann would have received the higher bonus had he not served; (3) the district court properly determined that Huhmann was reasonably certain to have achieved the status necessary to receive the bonus had he not left for his military service; and (4) the district court correctly concluded that the bonus was, in part, a seniority-based benefit.

  • Posted in:
    Employment & Labor
  • Blog:
    California Employment Law Update
  • Organization:
    Proskauer Rose LLP
  • Article: View Original Source

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