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Escher v. BWXT Y-12, LLC, 09-6054

Escher v....

Summary judgment against plaintiff in his suit against his former employer for violation of the USERRA

Escher v. BWXT Y-12, LLC, 09-6054, involved a plaintiff’s suit against his former employer, a managing and operating contractor for the National Nuclear Security Administration (NNSA), claiming violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Tennessee Public Protection Act, and common law retaliation.  In affirming the district court’s grant of defendant’s motion for summary judgment, the court held that the plaintiff does not point to evidence showing that his protected status was a motivating factor in the adverse employment action, and even if he could, defendant can show that it would have taken the adverse action anyway, for a valid reason.

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