Brett Gailey v. Everett Police Department
The Everett Police Department (EPD) hired Mr. Gailey as a patrol officer. Immediately after hiring him Mr. Gailey got deployed to Iraq with the Army National Guard. Upon his return from Iraq the EPD did not properly re-employ him by denying him service credit for his year long deployment in Iraq. When the EPD refused to give Mr. Gailey the lawfully required service credit he contacted the Employer Support for Guard and Reserve (ESGR) who, in turn, convinced EPD to follow the law. And since the day he contacted the ESGR to enforce his USERRA rights Mr. Gailey was a marked man, trouble maker, or “that guy” who tried to get his law enforcement agency employer to follow the law. Mr. Gailey subsequently filed a USERRA complaint with the Department of Labor/VETS who, in turn, found that the EPD violated USERRA in discriminating against Mr. Gailey. However, since the EPD would not agree to resolve Mr. Gailey’s substantiated complaint he had no choice by to file suit. A copy of Mr. Gailey’s complaint is available here.
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