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Maria McSwain v. World Fuel Services

Maria McSwain worked at World Fuel Services as a Senior Human Resources Generalist. She was also a member of the U.S. Air Force Reserves. Throughout her employment at WFS she experienced discrimination when called to go on military reserve duty and retaliation when she complained that some of her fellow HR professionals were discriminating against her on account of her military service obligations.

Ms. McSwain filed suit against WFS. WFS then counter-sued Ms. McSwain for repayment of certain military related leave benefits. Ms. McSwain then got court approval to amend her complaint to include WFS’s lawsuit against her as another instance of actionable retaliation.

A copy of her Amended Complaint is available below.

A copy of Ms. McSwain’s response to WFS’s summary judgment motion is available below.

Below is the Court Order denying WFS’s motion to exclude Ms. McSwain’s economic loss expert from testifying.

On December 9, 2022, the Court issued an order that allowed Ms. McSwain’s USERRA discrimination, retaliation, and failure to employ claims to go to trial. A link to the summary judgment order is below.

ECF 129 Order re Summary Judgment

On December 14, 2022, the Court dismissed WFS’s counterclaim against Ms. McSwain. This counter-lawsuit, which WFS filed only after Ms. McSwain sued it for violating USERRA, sought to recoup benefits WFS agreed to pay Ms. McSwain under WFS’s own policies. A copy of the order dismissing the counterclaim is available below.

ECF 131 Order re Plf MSJ Order

The case is set for trial in February 2023.

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