Kieshia Mace v. Corey Willis
Opinion
Corey Willis and his kickboxing gym, Kickbox Dakota LLC, appeal from the district court's 1 order granting former employee Kieshia Mace relief under the Uniformed Services Employment and Reemployment Rights Act (USERRA or the Act).
Mace, a member of the South Dakota National Guard, was working at Kickbox Dakota when she left for three weeks of mandatory military training. In the months leading up to her departure, Mace was averaging 13.6 hours per week at Kickbox Dakota. Mace, like the other fitness trainers, was not guaranteed shifts at the gym. Instead, Kickbox Dakota's owner, Willis, or his general manager would schedule trainers like Mace for shifts using a mobile app, and would sometimes call Mace in to cover shifts for absent coworkers. There is no dispute that Mace timely notified Willis that she was a member of the National Guard, and that her departure was for mandatory military training.
While Mace was away at training, Willis deleted her from the scheduling app and hired a new employee to take shifts at the gym. When Mace returned, she asked why she could not access the app. Two
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days after Mace returned, Willis hired another new employee. Meanwhile, Willis's general manager told Mace she had been replaced. Although Willis later offered to put Mace back on the schedule, she decided to find other work instead. She filed this lawsuit. After a bench trial, the district court found that Willis had violated USERRA by failing to promptly reemploy Mace, and that the violation was willful. On appeal, we review the district court's fact-finding for clear error and its legal conclusions de novo.
Lisdahl v. Mayo Found.
,
USERRA protects "any person whose absence from a position of employment is necessitated by reason of service in the uniformed services...."
Willis argues that he is not liable under USERRA because he did put Mace back in the same position she left when she departed for training: an employee whom he had complete discretion to assign no shifts at all. We disagree. The facts clearly indicate that Willis replaced Mace and did not later reemploy her. Willis and his general manager used the app to schedule employees' shifts, so the effect of removing Mace from the app was to remove her from the pool of eligible workers. Willis also hired two additional staff members-one while Mace was gone, and one shortly after she returned-and told Mace (through his manager) that she had been replaced.
Because Willis did not promptly reemploy Mace following her military service, he and Kickbox Dakota can only avoid USERRA liability if the Act does not apply to employees who lack guaranteed shifts. But it does. The Act's implementing regulations make clear that even temporary, probationary, and seasonal employees enjoy USERRA protections.
Willis also briefly contests the district court's finding that he willfully violated USERRA. This is a factual argument and Willis has not shown clear error. At
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trial, Willis testified that he knew members of the armed forces enjoyed reemployment rights, and Mace testified that she warned Willis's general manager that Kickbox Dakota was probably violating its obligations under the Act. These facts support the inference that Willis (and by extension, Kickbox Dakota) "knew or showed reckless disregard for whether its conduct was prohibited by the Act."
For these reasons, we affirm the judgment of the district court.
The Honorable Veronica Duffy, United States Magistrate Judge for the District of South Dakota, to whom the case was submitted by consent of the parties under
Reference
- Full Case Name
- Kieshia MACE, Plaintiff-Appellee v. Corey WILLIS, Individually; Kickbox Dakota, LLC, a South Dakota Limited Liability Company, Defendants-Appellants David Borchardt, Defendant
- Cited By
- 4 cases
- Status
- Published