PHILADELPHIA — A member of the U.S. Air Force is suing Whirlpool Corp., a former employer, citing alleged violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA).
Andrew Meyer filed a complaint on Nov. 8 in the U.S. District Court for the Eastern District of Pennsylvania against Whirlpool Corp., alleging his former employer breached its duty of good faith and fair dealings.
According to the complaint, the plaintiff alleges that on Jan. 30, 2018, he was caused to suffer damages, including lost earnings, and emotional distress, as a result of the unlawful conduct of the defendant in terminating his employment as Electrical Engineer Lead for its Michigan-based headquarters in retaliation for plaintiff's complaints of defendant's violation of USERRA mandated pay practices in relation to his deployment.
The plaintiff holds Whirlpool Corp. responsible because the defendant allegedly denied plaintiff the pay and benefits for which he was entitled during the course of his USERRA qualifying leave, failed to comply with USERRA mandated vacation practices as related to his military leave, failed to re-employ plaintiff in a similar position upon his return from a USERRA protected leave, and terminated plaintiff because of his membership in and/or duty to serve in the United States Air Force.
The plaintiff requests a trial by jury and seeks judgment against defendant for compensatory, liquidated and punitive damages, equitable and legal relief, costs and expenses of action. He is represented by Manali Arora of Swartz Swidler LLC in Cherry Hill, New Jersey.
The U.S. District Court for the Eastern District of Pennsylvania Case No. is 18-cv-04834.