Employee’s suit against his employer for violation of the USERRA and Puerto Rico law

Vega-Colon v. Wyeth Pharm., 09-1861, concerned a challenge to the district court’s grant of summary judgment in favor of employer, in plaintiff’s suit against his employer, claiming that the employer discriminated and retaliated against him based on his military service in violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA) and Puerto Rico law.

 

However, the court vacated and remanded in finding that the district court erred in granting summary judgment on the issue of whether defendant’s extension of the Performance Improvement Plan was an improper discriminatory action, as the evidence is sufficiently strong that a reasonable jury could find in plaintiff’s favor.

Related Link:

  • Read the First Circuit’s Full Decision in Vega-Colon v. Wyeth Pharm., 09-1861

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