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May 05, 2005
NH Town Settles Military Leave Complaint

The town of Stewartstown, New Hampshire, has agreed to settle a Department of Justice complaint alleging the town violated the Uniformed Services Employment and Reemployment Rights Act (USERRA).

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The complaint alleged that Stewartstown violated USERRA by failing to reemploy National Guardsman Brendon McKeage in his prior position, or an appropriate alternative position, upon his return from active duty.

USERRA requires that employers reemploy returning service members in the same or a comparable position following return from military leave. USERRA also prohibits employers from discriminating against employees because of their military obligations.

Under the proposed settlement, which must be approved by the court, the town agreed to pay McKeage $25,000 in lost wages to resolve the complaint.

Since September 2004, the Department of Justice has filed 14 complaints on behalf of service members who said they were denied their rights under USERRA.

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