USPS Ordered to Pay 12 Years of Lost Wages and Benefits
December 18, 2012 – Washington, D.C. – One of the highest ranking National Guard noncommissioned officers in the Army’s Special Forces whom the U.S. Postal Service (USPS) unlawfully terminated over a decade ago has prevailed in his long fight to regain his job. A Judge awarded Sergeant Major Richard Erickson 12 years of back-pay and benefits and ordered the USPS to cancel his removal and retroactively reinstate him. This decision may cost the USPS and the federal government over $2,000,000 in back-pay, benefits, attorney fees, and retirement enhancements, making this one of the largest awards in an employment case against the USPS and the federal government.
In 2000, the USPS fired Erickson for taking military leave – a violation of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), which prohibits employers from terminating or otherwise penalizing service members for serving their country. Without a job to come home to and three daughters to support, Erickson re-enlisted in the National Guard. He faced dangerous combat missions with his Special Forces team in Afghanistan and endured precious time away from family while serving his country in order to earn an income and support his family.
Sergeant Major Erickson – the recipient of over 35 military medals and decorations, including 3 Combat Distinguished Valor awards and the Purple Heart – confronted the USPS with the illegality of their actions. Rather than help the highly decorated service member return to his position, they attempted to exploit technicalities in order to keep him unemployed. Even after Erickson won two decisions before the United States Court of Appeals for the Federal Circuit, one of the highest courts in the country only behind the U.S. Supreme Court, the USPS continued to fight his reinstatement. 12 years after he was unjustly terminated from his position, the legal system has finally ordered his return to work with the USPS in addition to his receiving 12 years of back-pay benefits.
“The USPS’ illegal conduct in 2000 was bad, but fighting this year after year is even more concerning.” said Greg T. Rinckey, the managing partner of Tully Rinckey PLLC, the law firm that represented Erickson. Unless the USPS files another appeal, this decision will conclude Erickson’s legal saga to assert his rights under The Uniformed Services Employment and Reemployment Rights Act.
This lengthily legal battle has been at a considerable financial cost, totaling hundreds of thousands of dollars in legal bills for Erickson. Under USERRA, Erickson’s legal bills will be paid by the USPS, since he won his case. “For me, this case was a matter of principle. I am a veteran and I was disgusted by the Postal Services’ callous actions” said Erickson.
“The good news for other service men and women is that Erickson’s perseverance in this case not only afforded him his old job, back-pay, and benefits, it has strengthened countless service members’ rights under USERRA by setting judicial precedent.” said Mr. Rinckey.
This decision will become final on January 18, 2013 unless the USPS decides to appeal yet again. Even if the USPS appeals, they must reinstate Erickson and pay him his salary plus back-pay while their appeal is decided – a decision that could be another 2 years away.