DOJ files employment suit against Goodyear in US

ERJ staff report (TB)

Oklahoma City, Oklahoma -- The US Department of Justice has filed suit against Goodyear in the US District Court for the Western District of Oklahoma, claiming the tyre maker violated an ex-soldier's rights by failing to re-employ him promptly at its Lawton, Oklahoma, plant after he returned from military service in the Middle East.

Michael J. Ellis, who had a pre-existing back injury from his service in the first Persian Gulf War, returned from a two-year stint in the Army Reserve in October 2007.

A Goodyear physical therapist found that Ellis was physically incapable of returning to his old job as a roll changer at Lawton, and the company put Ellis on the “Automatic Bidders List” for a job that matched his physical qualifications, according to the suit.

It took Goodyear nearly a year to find a new position for Ellis, who shortly thereafter left the company to take a better-paying job, the DOJ's brief said.

Ellis filed a complaint against Goodyear in late October 2007 under the Uniformed Services Employment and Re-employment Rights Act.

In its brief before the Western Oklahoma district court, the Justice Department alleges that Goodyear's delay violated USERRA's promise of prompt re-employment for veterans. It seeks a court order for Goodyear to reimburse Ellis for loss of earnings and other benefits, including pre-judgment interest.

In a statement, Goodyear said it worked diligently to find Ellis another job at the Lawton plant, but he declined to provide information Goodyear needed for that purpose.

“Goodyear has a long history of supporting the U.S. military and takes its responsibilities under USERRA very seriously, ” the tire maker said. “We have thousands of veterans, both active and inactive, on our payrolls today.”

From Rubber & Plastics News (A Crain publication)

Press release from DoJ