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· 6/22/2006

Cheryl P. Francis v. Booz, Allen & Hamilton, Incorporated, Reserve Officers Association, Amicus Supporting

Citations

  • 452 F.3d 299
  • 179 L.R.R.M. (BNA) 3094
  • 2006 U.S. App. LEXIS 15578
  • 88 Empl. Prac. Dec. (CCH) 42,422
  • 2006 WL 1703085

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “§ 4312 applies to protect a covered individual only as to the act of rehiring”
  • holding that where complained-of conduct predates protected activity and it continues, the inference of retaliatory conduct “does not arise”
  • concluding that the employer satisfied Sections 4312 and 4313 when it rehired the returning service member in the same position with the same title, salary, and work
  • noting that temporal proximity between protected activity and adverse action is not dispositive of a retaliation claim when the adverse action is otherwise justified
  • noting that § 4312 protects military members up to the instant of reemployment while other sections of USERRA, such as § 4311 and § 4316, protect the member after reemployment occurs
  • noting that § 4312 protects military members up to the instant of -11- reemployment while other sections of USERRA, such as § 4311 and § 4316, protect the member after reemployment occurs

Source: CourtListener parenthetical corpus (CC0).

Judges: Wilkins, Niemeyer, Duncan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.