BEACH AND PRICE WIN JURY TRIAL IN USERRA EMPLOYMENT CASE

On February 9, 2017, Paul Beach and Natalie Price obtained a defense verdict for the County of Los Angeles in a USERRA case. Plaintiff alleged that his military service while employed by the Sheriff’s Department was a motivating factor in his failure to promote to Sergeant. Plaintiff sought back-pay, retroactive contributions to his retirement plan, and attorneys’ fees.

At trial, LBAC argued that Plaintiff’s scores on the Sergeant’s examinations were inadequate to guarantee promotion and, instead, placed him in a secondary competitive hiring band within his Division. LBAC further argued that while Plaintiff had taken several, lengthy deployments as a Naval Reserve Officer, the Sheriff’s Department highly values military service and does not use military deployments against employees when evaluating them for promotion. The jury deliberated for approximately 20 minutes before returning a unanimous verdict in favor of the County. Mitchell Jones v. County of Los Angeles, USDC Case No. 13-5306 DSF (AJWx).