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ERICKSON v. U.S. POSTAL SERVICE

No. 2010-3096.

636 F.3d 1353 (2011)

Richard ERICKSON, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, Federal Circuit.

February 28, 2011.

Attorney(s) appearing for the Case

Mathew B. Tully , Tully Rinckey PLLC, of Albany, NY, argued for petitioner. Of counsel were Steven L. Herrick ; and Matthew D. Estes , of Washington, DC.

L. Misha Preheim , Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Brian M. Simkin , Assistant Director.

Before BRYSON, GAJARSA, and LINN, Circuit Judges.

BRYSON, Circuit Judge.

The Uniformed Services Employment and Reemployment Rights Act ("USERRA"), prohibits public and private employers from discriminating against their employees on the basis of military service. 38 U.S.C. § 4311. It also guarantees noncareer servicemembers reemployment rights upon the completion of their military commitments. Id. §§ 4312-15. USERRA does not, however, protect an employee who leaves a civilian job to take a career...

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