Entries Tagged as 'USERRA'

Friday, September 5th, 2008

9th Cir: Private USERRA Claims Against State Employers

The 9th Circuit has reviewed a state employee’s rights under the Uniformed Services Employment and Reemployment Rights Act of 1994, and held that “a federal district court lacks jurisdiction over a USERRA action brought by an individual against a state and that USERRA does not create a cause of action against state employee-supervisors.” 
Because I represented one […]

Thursday, October 11th, 2007

DAlaska: No Federal Jurisdiction Over Private USERRA Claims against State Defendants

Judge Burgess: Such claims may be brought only in state court
The Uniformed Services Employment and Reemployment Rights Act, 38 USC § 4301 et seq. (USERRA),  authorizes suits against both state and private employers.  While USERRA has always provided that suits against private employers may be brought in federal court, it was amended in 1998 to provided that […]