To v. US Bancorp, et al., No. 10-3237 (8th Cir. 2011)
Annotate this CaseAppellant appealed the district court's grant of summary judgment in favor of his former employer in a wrongful-termination suit brought pursuant to the Uniformed Services Employment and Reemployment Rights Act (USERRA) 38 U.S.C. 4316. The court held that appellant failed to raise a genuine factual dispute about whether the employer's conduct was reasonable and whether the employer had notice that such conduct would be a ground for discharge because the employer's decision to terminate appellant was reasonable where appellant violated a clear written policy by failing to personally report his absences.
Court Description: Civil case - Uniformed Services Employment and Reemployment Rights Act. Under the Act, a firing for cause need only be based on conduct such that it is fair to discharge the veteran because of his conduct; here, the employer's decision to terminate plaintiff was reasonable as a matter of law because plaintiff violated a clear written policy by failing to properly report his absences.
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