CL Files Two Nationwide USERRA Class Actions to Protect Servicemembers’ Rights

Dec 29, 2024 | Class Actions

Crosner Legal is proud to announce the filing of two significant nationwide class action lawsuits under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These cases, filed on behalf of U.S. servicemembers, highlight the ongoing challenges faced by those who serve our country when returning to civilian employment.

The first lawsuit, Lemon v. Performance Food Group, was filed in the United States District Court for the Northern District of Illinois. The plaintiff, Timothy Lemon, a former truck driver for Performance Food Group (PFG) and a reservist in both the U.S. Army National Reserves and U.S. Navy Reserves, alleges that PFG violated USERRA by failing to pay its employees for short-term military leave while providing pay for comparable non-military leaves, such as vacation, sick, and casual leave. Lemon claims that this practice unlawfully deprived servicemembers of their rights and benefits under USERRA, which requires equal treatment for military leave compared to other forms of leave. The lawsuit seeks remedies including back pay for affected employees, an injunction to enforce equal treatment of military leave, and liquidated damages for willful violations.

The second lawsuit, Polizzi v. Carle Health, was filed in the United States District Court for the Central District of Illinois. The lead plaintiff, Michael Polizzi, a former employee of Carle Health and a member of the U.S. Army Reserves, similarly alleges that Carle Health systematically failed to provide paid leave for short-term military service, in violation of USERRA. The complaint highlights that Carle Health offers paid leave for jury duty and other comparable absences but excludes servicemembers from receiving similar benefits. Polizzi and the class members seek compensation for unpaid leave, a declaration of Carle Health’s violations, and structural changes to Carle’s policies to ensure compliance with federal law.

Both cases focus on ensuring that employers treat short-term military leave on an equal basis with other forms of comparable leave, as mandated by USERRA. These cases underscore a critical issue affecting servicemembers nationwide: ensuring that their employment rights are respected and upheld while they fulfill their duties to our country.

Crosner Legal remains committed to protecting the rights of servicemembers and ensuring compliance with federal employment laws. If you believe your employer has failed to provide fair treatment for military leave, we encourage you to contact our office for more information.

  • Crosner Legal: 9440 Santa Monica Blvd. #301, Beverly Hills CA 90210
  • Phone: (866) 276-7637 [CROSNER]
  • Email: intake@crosnerlegal.com
  • Fax: (310) 510-6429

We are honored to stand with those who serve and will continue to advocate on their behalf.

This blog post is intended for informational purposes only and does not constitute legal advice.