Lawsuit: Chevy Dealer Fired Employee When He Joined the Navy

The Justice Department of the United States has reached a settlement with Bud Clary Chevrolet out of Longview, Washington. Former fixed operations employee Darrel Forney sued the dealership after his employment was terminated. The former lube technician was let go after the dealership management learned he was planning to join the military. The allegation is that the dealer violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) by ending their business relationship with Forney based on his intent to join the armed forces.

The Department of Justice complaint indicates the dealership violated USERRA when they severed Forney’s employment based on his intent to join the Naval Reserve program. However, his intent, once discovered apparently unraveled his future. When he lost his day job, Forney was allegedly compelled to enlist in the Navy as an airman. He’s now stationed in Pensacola, Florida while his family continues to reside in Washington State.

Acting associate justice department attorney, General Stuart F. Delery, spoke about the settlement in a press release. In a statement, Delery said, “The brave men and women who volunteer for our Armed Forces should never have to fear losing their job for signing up to protect our country. This settlement demonstrates the Department of Justice’s commitment to protecting service members from unlawful employment discrimination and we will continue to devote time and resources to these efforts.”

The settlement, which still has to be approved by the local federal court in Seattle, would call for the dealership to pay out $15,500 to Forney for lost wages. The settlement would further call for the management and human resources staff at Bud Clary Chevrolet to undergo training on USERRA rights, specifically how it applies to not terminating employees because they apply to join the military.

According to the lawsuit, this dealership let one of their lube technicians go after learning he was joining the military as a reservist. How do you handle similar situations at your store? When a dealership employee wants to join the reserves how should that conversation go?