Scudder v. Dolgencorp, LLC, No. 17-2941 (8th Cir. 2018)Annotate this Case
The Eighth Circuit reversed the district court's order granting summary judgment for Dollar General in an action brought by plaintiff, after returning from military service, alleging that the company denied him reemployment as required under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The court held that there was a genuine dispute of material fact as to plaintiff's resignation; a reasonable jury could find that plaintiff's application for the store manager position at the Bryant store was sufficient to give a reasonable employer adequate notice that he was a returning service member seeking reemployment; Dollar General was not entitled to judgment as a matter of law on plaintiff's USERRA claim because he was not obligated to seek reemployment through the leave coordinator; and judicial estoppel did not bar plaintiff's USERRA claim.