Reservist sues Newark Public Schools over lost job

George Lawton joined the Navy reserve in 1993. He worked for the Newark Public Schools from 1997 through 2005 as a substitute teacher. In July 2005, the school district offered him full time employment beginning with the 2005-2006 school year. Just a month later, his unit was called up and he notified the school district that he would have to deploy overseas, but that he wished to return to the full-time job on his return. His active duty was extended through August 2007, and he notified the Newark Public Schools that he would be able to return to work in the fall of 2007.  When he returned, the school system refused to employ him in either the full time position or the substitute position. He tried to resolve the dispute through the ESGR, but the Newark Schools still did not rehire Lawton. On Tuesday, Lawton filed a lawsuit against the Newark Public Schools with the United States Justice Department representing him.

The Uniformed Services Employment and Reemployment Rights Act requires employers such as the Newark Public Schools to re-employ returning reservists in either the same job they were in when they left or a position of similar seniority, pay, and status that the reservist would have been if he or she had not been deployed. The reservist needs to inform the employer of the intent to return (which Lawton apparently did) and needs to "promptly" re-apply for work after the end of the active duty (which Lawton apparently did.) The fact that the justice department has taken his case is a good sign for him.