Old Orchard Beach, ME (PRWEB) March 11, 2014
The Law Office of Guy D. Loranger recently announced that Judge Nancy Torresen has affirmed the U.S. Magistrate Judge’s decision granting Loranger’s motion to amend a complaint. Loranger represented plaintiff Diana Libby in the case of Libby v. The Webber Hospital (No. 2:13-cv-238-NT in Maine District Court First Circuit).
The Magistrate Judge found for the plaintiff and stated, “Logically, section 811’s ban against the denial of advantages of employment extends not only to their denial at the moment of reinstatement but also to their denial thereafter, to the extent that those advantages would not have been denied had the employee not taken a military leave of absence.”
Libby filed a single count complaint against Southern Maine Medical Center (SMMC) under the federal Uniform Services Employment and Reemployment Rights Act (USERRA) by failing to promote her based on concerns regarding how her military service might affect her schedule. The plaintiff then filed a motion seeking to add a state cause of action for failure to promote pursuant to Maine’s “Leave Relating to Reserve Training to Military Service” law, 26 M.R.S.A. § 811.
According to court documents from the United States District Court, published December 27, 2013, the defendant appealed the court’s decision in favor of Libby based on the futility of the amendment. The court documents can be found at http://www.med.uscourts.gov/Opinions/Rich/2013/JHR_12272013_2-13cv238_Libby_v_SMMC.pdf. SMMC argues that the amendment is futile because the Maine statute does not provide a cause of action for denial of promotion. The plaintiff stated that the defendant’s interpretation of the statute was too narrow, arguing that SMMC overlooks section 811’s directive that employees must “receive any other incidences of advantages of employment as if the person had remained continuously employed,” as well as the Legislature’s stated intent not only to provide for “prompt reemployment” but also “to prohibit discrimination against these persons because of their military service.”
The plaintiff began working for the defendant in November 1996 and had been with the hospital for 16 years, during which Libby performed her job satisfactorily. In 2005, she joined the Army Reserves, and from July 2006 through October 2007, she was deployed to Iraq. Since then, she has applied for three jobs with the defendant but has yet to be promoted despite her qualifications. Libby believes that she was denied these promotions because of her obligations to the military.
The court documents state that in an evaluation process of job performance at the hospital, the average score is 200, and the maximum is 400. The plaintiff has consistently scored between 370 and 390 over the past six years. In 2011, the plaintiff applied for a position in the emergency room and was turned down for the job. During the interview, the interviewer brought up the plaintiff’s obligation with the military and its interference with scheduling. The plaintiff was questioned about her commitment to the military, how long she would be away each time and how frequently she would be away.
For more information about The Law Office of Guy D. Loranger, visit http://www.lawofficeofguydloranger.com.
About the company:
The Law Office of Guy D. Loranger is a sexual harassment and discrimination law firm located in Old Orchard Beach, Maine. The firm represents victims of all types of discrimination, including discrimination based on sex, race, age and sexual orientation. They will handle a case from the initial complaint with the Maine Human Rights Commission through the civil lawsuit in state or federal court. Contact Guy D. Loranger today to discuss the options for sexual harassment/discrimination cases. For more information, please feel free to visit http://www.lawofficeofguydloranger.com or call 207-937-3257.