Legal

Home Depot Reaches Settlement in Firing of National Guardsman

By Judy Greenwald

May. 22, 2012

The Justice Department has reached a $45,000 settlement with Home Depot Inc. to resolve charges it violated federal law when it terminated an Army National Guard soldier’s employment.

The DOJ said May 21 the Atlanta-based home improvement chain violated the Uniformed Services Employment and Reemployment Rights Act of 1994 when it terminated Brian Bailey, an Iraq War veteran, because of his military service obligations.

According to the Justice Department, Bailey was removed from his position as a department supervisor after Home Depot management officials at his Flagstaff, Arizona, store “openly expressed their displeasure” with his periodic job absences because of his military obligations, and indicated their desire to remove him from his position because of his absences.

Under terms of the settlement, in addition to giving Bailey $45,000 in monetary relief, Home Depot has made changes to its military leaves of absence policy. The settlement also mandates that Home Depot review its military leaves of absence policy with managers from the district where Bailey worked.

Thomas R. Perez, assistant attorney general for the DOJ’s civil rights division, said in a statement, “The department is pleased that we were able to work cooperatively with Home Depot to resolve this matter without the need for contested litigation.”

A Home Depot spokesman could not be reached for comment.

Judy Greenwald writes for Business Insurance, a sister publication of Workforce Management. To comment, email editors@workforce.com.

Stay informed and connected. Get human resources news and HR features via Workforce Management’s Twitter feed or RSS feeds for mobile devices and news readers.

Judy Greenwald writes for Business Insurance, a sister publication of Workforce Management.

About Workforce.com

blog workforce

We build robust scheduling & attendance software for businesses with 500+ frontline workers. With custom BI reporting and demand-driven scheduling, we help our customers reduce labor spend and increase profitability across their business. It's as simple as that.

Book a call
See the software

Related Articles

workforce blog

Compliance

Minimum Wage by State in 2022 – All You Need to Know

Summary The federal minimum wage rate is $7.25, but the rate is higher in 30 states, along with Washing...

federal law, minimum wage, pay rates, state law, wage law compliance

workforce blog

Legal

California’s push for a 32-hour workweek explained, and how to prepare

Summary: California is considering a 32-hour workweek bill for businesses with over 500 staff 4 day wee...

32 hour workweek, 4 day workweek, california, legislature, overtime

workforce blog

Legal

A business owner’s guide to restaurant tipping law

Business owners in the restaurant industry are in a unique position when it comes to employee tips. As ...

restaurants, tip laws, tipping