We achieved a dismissal with prejudice of a USERRA (Uniformed Services Employment and Reemployment Rights Act) case at the pleading stage for our client, Spokane County. The employee alleged that he was entitled to recover $115,000 from the County, the full cost of “make-up” contributions, to the Public Employees Retirement System. Attributable to the period he was on active military duty, plus liquidated damages of 100% and attorneys fees. The U.S.D.C for the Eastern District of Washington agreed with our argument that the County had no duty to advise the employee of his duty to voluntarily make payments within the five years required by federal law and dismissed the case for failure to state a claim.
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