Florida Lieutenant Claims Discrimination Based on Military Service
A Florida fire lieutenant has filed a lawsuit claiming he has been passed over three times for promotion due to his military service. Lt. Dominick Landolfi, filed suit on June 10, 2011 against the City of Melbourne and Fire Chief Paul Forsberg claiming that despite being the highest rated candidate for promotion to battalion chief, he was repeatedly passed over. He further claims that his superiors told him that his military service was holding him back.
The suit was filed in Federal court under the Uniformed Services Employment and Reemployment Rights Act, (USERRA), 38 U.S.C. §4323, which prohibits employers from discriminating against employees on the basis of their military service. Lt. Landolfi is also a Senior Master Sergeant in the US Air Force Reserves.
According to the complaint, Lt. Landolfi repeatedly came out on top in assessment center evaluations, but was accused of not having enough “face time” in the fire stations. On one occasion he claims Chief Forsberg accused him of “causing himself to be deployed” to earn more money and not serve the fire department.
Lt. Landolfi seeks the court to order him to be promoted to battalion chief, plus award damages, costs and attorneys fees.
Here is a copy of the complaint filed in US District Court for the Middle District of Florida. Landolfi v Melbourne
I wish the Lt luck on his USERRA claim. USERRA is a good law on the surface, but lacks teeth. I know too many fellow Reserve/Guard members who have lost their jobs for less and been told the law does not apply or they cannot prove the military affiliation was the cause. The burden of proof is always on the employee. Unless you have a supervisor on tape or in written communication stating your military commitment is the cause of your firing or lack of promotion, it seems impossible to prove.
I can understand how some employers can believe someone is using their service to game the system. Some really do go too far in volunteering for every conference, school, or deployment that they find out about. The civilian employer does deserve some loyalty. On the other hand, maybe there is a reason they are avoiding the civilian job-layoffs, poor leadership, pay differential, etc.
Either way, almost all cases can be attributed to greed or a personality conflict. Only rarely do the actual employer policies or practices actively discriminate against us. In those cases, it seems like the worst offenders are federal government agencies like the VA and post office-go figure.
Thanks John
I have only had a couple of USERRA cases – and those were from the management side. On paper the law looks strong – but proving the underlying facts is always a challenge in any case.
Promotional examinations for deployed members seems to be one of the the biggest challenges. There is no way to fairly accomodate everyone – someone will feel cheated somehow.
In the Melbourne case, Lt. Landolfi was able to fully participate in the process and he came out on top. I think the department owes Lt. Landolfi (and the military community) an explanation for bypassing him – and needless to say that explanation should not involve his military service.
If the FD can do that, they will win. If the reason was as alleged – not enough “face time”, they will lose.