U.S. soldier sues after being denied employment at old job
October 18, 2007
In March 2006, United States Army Reserve Captain Pam Reynolds of Ames was ordered to more than a year of active service in Fort Hood, Texas.
As a registered physical therapist in the state of Iowa, Reynolds expected to return to her civilian job at Green Hills Retirement Community, 2200 Hamilton Drive, after serving, but was surprised to learn that she would need to reapply instead of being reinstated at her same pay and seniority level.
During her service with the U.S. Army Reserves, Green Hills ended its contract with Reynolds’ former employer, Progressive Rehab, and teamed up with current facilitator, RehabCare Group.
When Reynolds returned from service and voiced an interest in returning to work, she was referred to RehabCare by the director of Green Hills, Ron Copple. After contacting RehabCare, Reynolds was not and still hasn’t been reinstated at the same pay or seniority level than before her service with the Army Reserve.
Despite the conflict with employers, the financial issue or status wasn’t at the top of Reynolds’ list of concerns.
“It was hurtful because I’m being separated from the residents who live at Green Hills, who I have a very deep and close relationship with,” Reynolds said. “I feel that all of us have a responsibility in this war. If we live in this country, it’s our country.”
On Thursday, Reynolds, along with State Rep. McKinley Bailey, D-Webster City, and House Majority Leader Kevin McCarthy announced a new job security initiative for members of the Reserves and National Guard.
“The responsibility of the employers to take people back are just one of those responsibilities and sacrifices of war,” Reynolds said. “If it costs them more money to bring back an older reservist or National Guard person, that’s just a sacrifice of war.”
Dave Totaro, senior vice president for marketing and communications for RehabCare Group, said he hopes the initiative and impending lawsuit brought forth by Reynolds brings out the truth on the issue.
“I understand the suit will be filed today,” Totaro said. “I would hope that the truth comes out.”
Totaro declined to comment further and said RehabCare policy doesn’t allow comment on pending litigation.
Reynolds reflected on her current status and the employment issues facing veterans by stating that her issue is definitely in the minority.
“Initially it was shocking,” Reynolds said. “The majority of employers would be willing and very honored to take back their soldier that’s an employee.”
According to documents produced for the courts, the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) defines that RehabCare is in control of employment opportunities for Reynolds.
Along with the definitions provided by USERRA, Title 38, Chapter 4301 of the United States Code states that Reynolds has a right to be readily reemployed: “to minimize the disruption to the lives of persons performing service in the uniformed services as well as to their employers, their fellow employees, and their communities, by providing for the prompt reemployment of such persons upon their completion of such service; and to prohibit discrimination against persons because of their service in the uniformed services.”