Hance v. Norfolk Southern Railway Co.

How courts have described this case

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

• finding that the “close temporal relationship” between the plaintiff’s protected activity and discharge, 25 days, was sufficient to find a violation of USERRA together with other evidence of discriminatory motivation
• remanding to district court for further fact-finding on amount of damages needed to make plaintiff whole
• “Clearly, if Hance had been allowed to proceed on his claim of liquidated damages, he would have been entitled to a jury.”
• “Because we have found no cases regarding damages under USERRA in this circuit, we look to our case law regarding damages available for other types of employment discrimination.”
• “The Railroad Retirement Tax Act and its accompanying regulations also require an employer to pay Tier I and Tier II taxes on all ‘compensation’ to employees, including payment ‘for time lost.’ ”
• “compensation” includes pay for time lost

Source: CourtListener parenthetical corpus (CC0).