The United States Attorney for the Southern District of New York, Damian Williams, has announced that a lawsuit has been filed against the Liberty Central School District under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The lawsuit alleges that the district willfully violated USERRA by denying a step salary increase to John Chewens, a teacher and U.S. Army National Guard member, due to his military service.
Chewens, who began teaching at Liberty Central School District during the 2016-17 school year, progressed from step 1 to step 2 on the salary schedule by the start of the 2017-18 school year. However, he was deployed for active duty in March 2018 in support of Operation Enduring Freedom and returned to his teaching position in April 2019. Upon his return, the school district refused to grant him the step increase he would have received had he not been deployed, resulting in a lower annual base salary than he was entitled to.
U.S. Attorney Williams said, “Federal law ensures that our brave soldiers, who sacrifice so much to keep us safe, are not punished by employers when they return to the workforce after completing their military service. This Office is dedicated to giving full force to USERRA’s protections to ensure that service members like Captain John Chewens receive all the benefits to which they are legally entitled.”
The lawsuit seeks compensation for Chewens’s lost wages and liquidated damages, asserting that USERRA guarantees service members whose employment is interrupted by military service must be paid at the same rate they would have earned if their service had not been interrupted.
In response to the lawsuit, Dr. Patrick Sullivan, Superintendent of Liberty Central School District, issued a statement: “A lawsuit was recently filed against the district related to a personnel decision made in the 2018-19 school year. We are reviewing the complaint with our school attorneys. With this litigation ongoing, we don’t have more information to share at this time.”
The case is being handled by the Civil Rights Unit of the U.S. Attorney’s Office’s Civil Division, with Assistant U.S. Attorney Mark Osmond overseeing the proceedings.
Fighting for our Freedom will always come first, and for those to discriminant against that need to be sued!!!
I am very glad to see that my brother is standing up and fighting back for everything he deserves.
I back John Chewens for fighting for our Country and fighting our School district that are corrupt to there Union policies that need to be dismantled.
Mr. Chewens God Bless you and your family and please feel free to contact me a local taxpayer that stand beside you if needed.
Russell Rains
Sounds like karma to me. I hope he prevails in this lawsuit.
Not surprised. This district does whatever it can to protect its own interests and not that of its students or teachers.