DeLee v. City of Plymouth, Indiana

Dist. Ct. erred in granting defendant-employer’s motion for summary judgment in action alleging that defendant violated USERRA by pro-rating/reducing plaintiff’s longevity benefit by eight months plaintiff spent while serving in U.S. Air Force Reserves. Instant longevity benefit is seniority based benefit that required payment in full under USERRA. Ct. rejected defendant’s claim that longevity benefit was compensation for work done during prior year.