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Case of the Month January 2017

$90K Verdict for Military Service Discrimnation

Wescher v. Chem-Tech International

Case Type:
Labor & Employment - Military Service Discrimination

Specific Liability:
Military Service Discrimination

General Injury:
NA

Jurisdiction:
State: Wisconsin
Court: United States District Court, E.D. Wisconsin.

Related Court Documents:
Plaintiff's first amended complaint: 2015 WL 12591393
Defendant's motion for summary judgment: 2014 WL 12543394
Verdict form: 2016 WL 5338428

Case Name:
Wescher v. Chem-Tech International

Docket/File Number:
2:13CV00229

Result Amount:
$90,000

Result Date:
July 13, 2016

Judge:
Pamela Pepper

Attorneys:
Plaintiff: Nola J. Hitchcock Cross, Cross Law Firm S.C., Milwaukee, WI
Plaintiff: Mary C. Flanner, Cross Law Firm S.C., Milwaukee, WI
Defendant: Casey Kaiser, Littler Mendelson P.C., Milwaukee, WI
Defendant: Dustin T. Woehl, Kasdorf, Lewis & Swietlik, Milwaukee, WI
Defendant: Michael J. Ciesliewicz, Kasdorf, Lewis & Swietlik, Milwaukee, WI
Defendant: Thomas A. Cabush, Kasdorf, Lewis & Swietlik, Milwaukee, WI

Result Type:
Jury Trial

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
$90,000
Compensatory Past Wages: $90,000

Summary of Facts:
Roger Wescher, a former Field Representative, brought this action against Chem-Tech International for military service discrimination in violation of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C.A. Secs. 4311 et seq. The plaintiff claimed his job required him to call on customers in Northeast Wisconsin and the Upper Peninsula of Michigan, and he was assigned a vehicle to carry out Chem-Tech's business. Wescher asserted while employed at Chem-Tech, he was a member of the Air Force Reserves, and had to leave his job for deployment in Afghanistan, but following his leave, Chem-Tech's owners had allegedly expressed frustration over the impact on the business caused by his absences, and one of the owners sought advice from a Human Resource Consultant as to where she could draw the line and fire him. The plaintiff alleged that upon his return, the defendant placed a tracking device on his vehicle as well as on its newest employee's vehicle, and both vehicles were recorded for speeding, but he was the only one who received a written warning, and his employment was terminated approximately two weeks later. The plaintiff contended his service in the Air Force Reserves was a motivating factor in the defendant's decision to terminate him, which was a willful violation of USERRA. The defendant denied the allegations and contended it would have discharged Wescher regardless of his service in the Air Force Reserves. It asserted that the plaintiff and one other employee attended a meeting about driving at excessive speeds, that the other field representative improved his driving, but Wescher continued to drive at excessive speeds. The defendant also claimed a private investigator confirmed that the plaintiff was using the company vehicle for personal use, including taking his children to school, which was in violation of strict company policy. The jury found for Wescher and awarded him back pay. The plaintiff's motion for equitable relief is pending.

Court: United States District Court, E.D. Wisconsin.

Westlaw Citation:
2016 WL 6599375