Sgt. Maj. Richard Erickson was employed at U.S. Postal Service for 12 years (1988-2000). He was a member of the Army National Guard Reserve throughout the time that he was employed through the Postal Service. He was gone a lot during his employment for lengthy periods of time. Between 1991 and 1995 he was absent for over 22 months, between 1996 and 2000, he worked at the Postal Service for only four days.
His employer reached out to him January 2000, during the period of being active duty, he replied that he would not be back to work until he completed his current tour of duty in September 2001. Shortly after that the Postal Service removed him for excessive use of military leave.
Erickson re-enlisted with the National Guard and remind on active military duty until December 31, 2005. During this re-enlistment he was deployed to Afghanistan as part of the Special Forces. He received over 35 medals and decorations, including three combat distinguished valor awards and the Purple Heart.
September 2006, started his long legal battle with U.S. Postal Service. He filed his complaint with USERRA. The board rejected his claim holding that he had not made a timely request for reemployment with the agency. Erickson filed for an appeal.
Upon remand, the board found that Erickson had waived his USERRA rights by abandoning his civilian career.
Erickson again appealed to this court, arguing that the Board’s finding were not supported by substantial evidence. This court agree and remanded the case to the Board for further proceeding.
The second remand proceeding, the Board finally ruled in Erickson’s favor and reinstated him with back wages and benefits since the date of his removal from the Postal Service.
http://www.military.com/daily-news/2012/12/19/guardsman-wins-2m-in-post-office-userra-case.html
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