Justin Baker v. United Parcel Service

Justin Baker works for UPS. On March 16, 2021, he filed class action USERRA complaint against his employer for failing to pay short term military leave given USERRA’s requirement that companies pay short term military leave in the event the company pays for comparable short term leaves like jury duty, sick leave, and/or bereavement leave. A few days later, on March 22, 2021, Mr. Baker suffered a workplace injury and, per policy, requested Temporary Alternate Work (TAW).  UPS denied Mr. Baker’s TAW request even though three other similarly-situated co-workers were receiving that same benefit at the same time of Mr. Baker’s injury. Mr. Baker then brought a USERRA retaliation claim against UPS a copy of which is available here.