Chicken fingers and cat's paws: 6th Circuit reinstates fired employee's USERRA claims

Under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), employers are prohibited from taking adverse employment actions against employees because they are servicemembers or are obligated to perform military service. The U.S. 6th Circuit Court of Appeals (which oversees federal courts in Tennessee) recently addressed whether a supervisor's comments about terminating an employee who was a member of the National Guard were evidence of wrongful termination when the supervisor wasn't the ultimate decision maker. The court held that the internal investigation and the termination decision by individuals other than the problematic manager didn't break the "chain of causation" between the manager's potential discriminatory animus and the employee's termination. Read More...