Hart v. Family Dental Group, PC

Plaintiff appealed from a judgment entered by the district court granting an oral motion of defendants, plaintiff's former employer, for judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50 with respect to plaintiff's claims arising under section 4312(a) of the Uniformed Services Employment and Reemployment Rights Act ("USERRA"), 38 U.S.C. 4301 et seq, where plaintiff was eventually terminated by defendants after returning to work upon completion of his call to active duty by the Army. At issue was whether the district court erred in granting the motion where plaintiff claimed that defendants discriminated against him on account of his military service. The court affirmed the judgment and held that there was no reasonable basis to find a violation of section 4312(a) where plaintiff was rehired with the same title, salary, and other conditions of employment after his immediate return from military service.