Sixth Circuit upholds National Guardsman's wrongful discharge claim

On July 1, the Sixth Circuit upheld a claim by Kelly Hance against the Norfolk Southern Railway Company.  Hance claimed that the railroad violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (38 USC section 4301 et seq.)  by discharging him because of his military commitment.  After a bench trial, Hance was reinstated by the Judge and awarded more than $300,000.00 dollars in back pay and other damages.   The Sixth Circuit upheld the decision, but sent the case back to the lower court to re-compute the damage award.   It agreed that Hance's supervisors displayed an anti-military animus ("too much time off for the military") and that the timing of his discharge circumstantially supported Hance's claim.