Crotty & Son Law Firm

Home Attorney Cases Client Testimonials

Lambert v. United Parcel Service

Blaine Lambert worked for United Parcel Service as an ESC Clerk in its Sarasota, Florida facility. In 2008 Mr. Lambert decided to join the U.S. Army. He told his UPS supervisor of his desire to serve, left work, and began his tour of duty. Near the end of his tour of duty Mr. Lambert’s supervisor wrote Mr. Lambert a letter informing him that he would have a job upon his return from military duty. Midway through his tour of duty Mr. Lambert got injured which, in turn, resulted in his medical discharge from the Army. Upon Mr. Lambert’s honorable discharge from active duty he repeatedly requested that UPS re-employ him. Instead of re-employing him, UPS made Mr. Lambert (at Mr. Lambert’s own expense) seek medical clearance to return to work – – – an act that courts have deemed a violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA).   Since Mr. Lambert could not get his job back at UPS he found another job in another part of the state. When Mr. Lambert retained counsel to attempt to facilitate his return to work UPS wrote him a letter accusing him of being on unauthorized leave, threatened him with termination, and demanded that he abandon his current job (which was in another part of the state) and report to UPS within 48 hours.

 

Having exhausted his options, Mr. Lambert filed suit against UPS. A copy of Mr. Lambert’s legal complaint is available here.

 

UPS tried to have the court dismiss Mr. Lambert’s USERRA retaliation claim. On July 22, 2017, the court denied UPS’s motion. A copy of the Court’s order is available here.

Subsequently the parties agreed to resolve the case. Part of that resolution required UPS to give Mr. Lambert his job back and pay Mr. Lambert certain compensation by January 19, 2018. UPS did not pay Mr. Lambert by January 19, 2018, which, in turn, caused Mr. Lambert to seek court intervention to enforce the settlement agreement. A copy of Mr. Lambert’s motion is available here.  The court granted Mr. Lambert’s motion and ordered UPS to pay Mr. Lambert legal fees associated with bringing the motion as well as post-judgment interest. A copy of the Court’s order is available here.


Back to Cases

Cases

Christianne Lauria v. Financial Forum & Jeffrey Comstock

Financial Forum hired Ms. Lauria in August 2018 as a Wealth Management Associate. At that time Ms. L...

Read more

Justin Carlile v. Waste Connections

Waste Connections employed Justin Carlile beginning in May 2019. It promoted Mr. Carlile in Februa...

Read more

Edward Cancilla v. Sandia National Laboratories

Mr. Cancilla began working for Sandia in 2010. In 2013 the U.S. Navy Reserves called Mr. Cancilla to...

Read more

Charles Graham v. HNI Hospitalists of Idaho

Dr. Charles Graham worked for HNI as a Physician and Medical Director beginning in early-2020. In mi...

Read more

Demarco Adderley v. Spokane County et al

Demarco Adderley worked as a prison guard for Spokane County. He is black. Travis Titchenal worked a...

Read more

Nickolas Tsui v. Walmart, Inc.

Mr. Tsui, an Army Reservist, sued Walmart for failing to pay short term military leave given the Un...

Read more

Christie Jimenez v. Holbrook Plastic Pipe Supply, Inc.

From May 2009 through mid-2017 Christie Jimenez worked for Holbrook Plastic Pipe. In mid-2017 she to...

Read more

Edward Mier v. Mutual of Enumclaw Insurance Co.

From 2014 through 2018 Ed Mier enjoyed a fruitful career at Mutual of Enumclaw (MoE). He was timely ...

Read more

Justin Baker v. United Parcel Service

Justin Baker works for UPS. On March 16, 2021, he filed Read more

Patrick Fleetwood v. Washington State University

Patrick Fleetwood was a WSU student and member of the school's Army Reserve Officers Training Cor...

Read more