Brian Petty was both a police officer in Nashville, Tennessee, and an officer in the Army Reserve. In October, he informed the department that he would be deployed to Iraq at the end of the year. While in Iraq, Petty was charged with a violation of the Military Code of Justice. He resigned his commission and received an honorable discharge in lieu of a court martial. Upon his return to the United States a little over a year after his deployment, he requested reinstatement to his position as patrol sergeant. The police department commenced its customary return-to-work process for all officers who have been away from the department for extended periods of time. The process required Petty to complete a personal history update questionnaire, a medical examination, a computer voice stress analysis, a drug screening, and a debriefing with a psychologist. Petty received no pay or benefits for three weeks while the return-to-work process ran its course. At that point, Petty was reinstated to a "desk" job and not his former position as patrol sergeant, due to an ongoing investigation into his military discharge and his alleged untruthful answers on the return-to-work questionnaire about the discharge. Has the police department complied with its responsibilities under USERRA in its interactions with Petty?

  • CreatedJuly 16, 2014
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