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WYSOCKI v. INTERNATIONAL BUSINESS MACHINE CORP.

No. 09-5161.

607 F.3d 1102 (2010)

George WYSOCKI, Plaintiff-Appellant, v. INTERNATIONAL BUSINESS MACHINE CORPORATION, dba IBM, Inc., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 16, 2010.

Attorney(s) appearing for the Case

ARGUED: Kevin C. Burke, Law Office, Louisville, Kentucky, for Appellant. Richard G. Griffith, Stoll Keenon Ogden PLLC, Lexington, Kentucky, for Appellee. ON BRIEF: Kevin C. Burke, Law Office, Louisville, Kentucky, Lawrence I. Young, Romines, Weis & Young, P.S.C., Louisville, Kentucky, for Appellant. Richard G. Griffith, Elizabeth S. Muyskens, Stoll Keenon Ogden PLLC, Lexington, Kentucky, for Appellee.

McKEAGUE, J., delivered the opinion of the court, in which GUY, J., joined. MARTIN, J. (pp. 1109-10), delivered a separate concurring opinion.

OPINION

McKEAGUE, Circuit Judge.

Plaintiff-Appellant George Wysocki alleges that defendant-appellee International Business Machines ("IBM") refused to properly reintegrate Wysocki as a data administrator after he returned from military service in Afghanistan, in violation of the Uniformed Services Employment and Reemployment Rights Act ("USERRA"). Before he was terminated, Wysocki signed a general release (the "Release") as part of an Individual Separation...

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