Fired while deployed to Iraq, Reserve officer sues employer

[Woodmonkey]

Fired while deployed to Iraq, Reserve officer sues employer


Reserve Lt. Col. Debra Muhl filed a lawsuit Jan. 23 in U.S. District Court in San Francisco against her former employer, Sutter Health, seeking damages for lost wages, emotional distress and other losses. Her attorney claims Sutter violated the Uniformed Services Employment and Reemployment Rights Actwhen they fired her while she was called to active duty.
Reserve Lt. Col. Debra Muhl willingly dropped everything when she was called up for deployment to Iraq in 2005.

She never expected her civilian employer would drop her.

Muhl filed a lawsuit Jan. 23 in U.S. District Court in San Francisco against her former employer, California medical company Sutter Health, seeking damages for lost wages, emotional distress and other losses. Her attorney, David A. Lowe, claims Sutter violated the Uniformed Services Employment and Reemployment Rights Act, which protects civilian jobs for National Guard and reserve troops when they are called to duty even if another employee is hired to do their duties in the interim.

Muhl started with Sutter in 1998 and was administrative director of their Joint Cardiac Program when she was fired. She has served as an air traffic controller and air-evac nurse in the Reserves, which she joined in 1981 after seven years on active duty.

Muhl’s deployment orders came Dec. 19, 2005, and she informed her supervisor, Dr. Richard Gray, the next day.

“He was pretty angry about that,” Muhl said. She claims Gray told her, “ ‘You will not have a job when you return from the desert.’ ”

Gray could not be reached for comment.

When she returned from Iraq in May, Muhl learned Gray wasn’t kidding. She was told she could not have her old job back.

Sutter spokeswoman Karen Garner said in a statement that Muhl’s job was eliminated due to budget cuts in the cardiac program. “The decision to eliminate the position was part of that [budget] assessment, and it was made well prior to Ms. Muhl providing notice of her need for military leave,” the statement said.

Muhl said that doesn’t hold up.

“I was responsible for preparing the annual budget,” Muhl said. “There were not any cutbacks in personnel.”

Garner’s statement noted that Sutter made two exceptions for Muhl in recognition of her service: allowing her to take military leave even though her position was eliminated and granting her supplemental pay longer than Sutter’s military pay policy allowed.

“We’re proud to have supported Ms. Muhl during multiple separate military leaves of absence,” the statement reads.

But Lowe doesn’t buy it.

“Whether or not they had a true job elimination, the reason they didn’t keep her job open or find her another was because they were unhappy with her affiliation and her military service,” he said.

Muhl had been deployed once before while employed by Sutter, leaving for the Middle East in March 2003. At that time, she was able to contact Gray, who she said encouraged her to tell her congressman about the hardship her service put on her civilian employment. Muhl added that upon her return, Gray suggested she resign from the Air Force.

Muhl doesn’t want her job back. However, she is seeking an injunction to keep Sutter from “violating the rights of Lt. Col. Muhl or other reservist employees,” stated a news release announcing her lawsuit.

“I’ve always been very proud to talk about [my military affiliation],” Muhl said. “In fact, what’s interesting with my employers is they often have said to me that many of my qualities, my loyalty, my integrity, probably have a lot to do with my long relationship with the military. That’s who I am.”

The Source

[Snowden]

I hope she wins big time!

[Jacklou59]

“He was pretty angry about that,” Muhl said. She claims Gray told her, “ ‘You will not have a job when you return from the desert.’ ”

Gray could not be reached for comment.

When she returned from Iraq in May, Muhl learned Gray wasn’t kidding. She was told she could not have her old job back.

IF SHE CAN PROVE HE SAID THAT SHE WON'T HAVE TO LOOK FOR A JOB.

“I was responsible for preparing the annual budget,” Muhl said. “There were not any cutbacks in personnel

SHE HAS A GOOD CASE IF SHE CAN PROVE IT.

[Caldric]

Sounds like Sutter is in trouble to me. They don't want to go to a jury trial for sure. Then again it is San Fran....

[Manchu34]

I hope it goes to a jury trial. Sutter is in violation of Federal law and stands to lose. What I would like to see the jury have a majority of veterans or pro-veterans and give Sutter everything a bum deserves to get.

[Woodmonkey]

I agree. I thought it was the law that jobs had to be saved for people who were called up to active duty?