Question of Employment Benefits under USERRA Precluded Summary Judgment: Eighth Circuit | Practical Law
In Dorris v. TXD Services, LP, the US Court of Appeals for the Eighth Circuit held that under Sections 4311(a) and 4316(b)(1) of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), whether an employee deployed on active duty was denied a benefit of employment when his employer did not include him on a list of current employees and whether the employer treated military leave differently from non-military leave were disputed issues of material fact precluding summary judgment.