U.S. Dept. of Justice and City of Winchester Settle Lawsuit Over Fleet Manager’s Termination

September 07, 2011

WASHINGTON – The U.S. Department of Justice (DOJ) and the City of Winchester, Va. settled a lawsuit filed by the DOJ on behalf of the former fleet manager for Winchester’s police department, John Fultz.

The settlement resolves allegations that the City violated Fultz’s re-employment rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA). Fultz is a U.S. Marine Corps reservist. He suffered a knee injury during active-duty military training, and when he returned to work, the City placed him in a temporary “light duty” status that he had allegedly not requested. Months later, the City removed him from his position without prior notice, according to the statement from the DOJ, and terminated his employment.

The complaint by the DOJ, filed on behalf of Fultz in the U.S. District Court for the Western District of Virginia, alleged that in 2009, the City failed to properly re-employ Fultz in his pre-service position as a full-duty community resource officer assigned to manage the City police department’s fleet of vehicles. 

In a written statement, the City denied any violation of USERRA occurred, but the statement says the City agreed to settle the case to avoid the expense and inconvenience of protracted litigation.

Under the terms of the settlement, Fultz agreed not to seek re-employment with the City, and in exchange the City agreed to pay Fultz $32,000 in back-pay. The terms also specify that the City’s new Human Resources director will receive USERRA training and provide that training to other City department heads.

USERRA (though subject to certain conditions), requires employers to promptly re-employ returning service members in the position they would have held if their employment hadn’t been interrupted by military service, or in a position of like seniority, status, and pay, according to the DOJ. 

By Greg Basich

Comment On This Story

Name:  
Email:  
Comment: (Maximum 10000 characters)  
Leave this field empty:
* Please note that every comment is moderated.

FleetFAQ

Public Fleet Tracking And Telematics

Amin Amini from Verizon will answer your questions and challenges

View All

Recent Topics

Do you insure your technicians personal tools? Do you have any policies in regards to technicians keeping a personal inventory of their...

View Topic

Hello, We are a County Fire District and presently have above ground fuel tanks at 26 Fire Stations. We would like to install an...

View Topic

Fleet Documents

1055 Fleet Documents (and counting) to Download!

Sponsored by

John Hertz was the head of Yellow Truck and Coach Manufacturing who bought Yellow Driv-ur-self System, a car rental system, from Walter Jacobs.

Read more

Blog

Managing a Police Fleet

Paul Clinton
Police Vehicles Pushed to the Limit in California

By Paul Clinton
The Los Angeles County Sheriff's Department conducted its annual evaluation of 2018-model-year police vehicles from Oct. 10 to 13. Agency deputies got behind the wheel of 13 four-wheel vehicles and five motorcycles for the testing.

2018 Police Motorcycles Tested in Michigan

By Paul Clinton