Fired administrator's USERRA claims rejected because of insufficient evidence

The U.S. Court of Appeals for the 8th Circuit recently affirmed a ruling by the U.S. District Court for the District of Nebraska in a case brought by a military veteran against his former employer under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The veteran accused his employer of discriminating and retaliating against him because of his service in the military and his attempt to exercise certain statutory rights.

Facts of the case

David McConnell began serving on active duty in the U.S. Army in 1999 and retired in 2008. Before his retirement, he sustained two long-term disabilities: (1) posttraumatic stress disorder (PTSD) and (2) a back injury that prevented him from lifting more than 40 pounds.

In November 2012—four years after he retired from the Army—McConnell interviewed for a service center manager job at Anixter, Inc.'s facility in Grand Island, Nebraska. When he informed the hiring supervisor of his service-related disabilities, he was assured the company would have no problem accommodating them. The hiring supervisor told him the company viewed his military experience positively because he would need the skill set he had gained through his service to perform the supervisory position.

McConnell was hired for the manager position and began directly supervising several employees. During his time at Anixter, he was involved in two separate incidents that led to discipline. The first occurred in May 2013 when he made a vulgar remark to a subordinate. His supervisor issued him an oral warning admonishing him about using such language toward subordinates.