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Thursday, August 22, 2019

DOJ gets serviceman promoted

By Michael P. Tremoglie | Jul 11, 2012


WASHINGTON (Legal Newsline) - The Pennsylvania Department of Corrections has settled a lawsuit filed by the U.S. Department of Justice.

The settlement, announced Monday, resolves allegations that the reemployment rights of U.S. Army Reservist David C. Fyock were violated by the PDOC.

The complaint, filed on Oct.27, alleges PDOC violated the Uniformed Services Employment and Reemployment Rights Act by failing to retroactively promote Fyock from a Corrections Officer 1 to a Corrections Officer 2 position at the State Correctional Institution in Mercer.

According to the complaint, Fyock's score on the make-up examination, taken after he returned from military deployment, was higher than others promoted to vacant filled based on the promotional test he missed.

"The Civil Rights Division is committed to protecting the reemployment rights of the men and women who serve our country in uniform," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.

"No service member should have to forego an opportunity for advancement in his or her civilian career due to military service."

Subject to certain conditions, USERRA requires employers to promptly reemploy returning service members in the positions they would have held had their employment not been interrupted by military service, or in positions of like seniority, status and pay.

Fyock will receive a promotion to Corrections Officer 2. He will also receive back pay and other benefits.

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