PHILADELPHIA – A West Chester business is alleged to have terminated a member of the state's National Guard after he took a leave for training.

Jason Dolan filed a complaint on Oct. 30 in the U.S. District Court for the Eastern District of Pennsylvania against Gallagher Power Washing and Sean Gallagher citing the Uniformed Services Employment and Re-employment Rights Act and the Pennsylvania Military Affairs Act.

According to the complaint, the plaintiff began employment with the defendants in April as a laborer. The suit states the plaintiff is also an infantryman with the Pennsylvania Army National Guard and informed the defendants of his training schedule. The suit states he attended training from June 9 to July 2, 2017, and informed the defendants when he was back from training.

According to the suit, the plaintiff was informed July 5 that he was terminated for not being at work. 

The plaintiff holds Gallagher Power Washing and Sean Gallagher responsible because the defendants allegedly terminated the plaintiff's employment despite being entitled to a leave of absence to satisfy his military obligations based on the USERRA.

The plaintiff seeks all remedies available under the Pennsylvania Military Affairs Act, back pay, liquidated damages, front pay, court costs and any further relief the court grants. He is represented by Franklin J. Rooks Jr. of Jacobson & Rooks, LLC in Marlton, New Jersey.

U.S. District Court for the Eastern District of Pennsylvania case number 2:17-cv-04828-MMB

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U.S. District Court for the Eastern District of Pennsylvania
601 Market Street
Philadelphia, PA - 19106

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