Demonstrate in order to establish claim under userra

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Reference no: EM133813710

Question

Madden, a member of the U.S. Air Force Reserves, was hired for a temporary 90-day position of process engineer by Rolls-Royce Data Systems at its Indiana facilities. Madden claimed to have an engineering degree from Purdue, but he never graduated. Madden made a number of mistakes on the job, and he was terminated at the end of the 90-day period. When he was told that he would not be considered for a permanent position, his supervisor did not mention Madden's performance but instead referred to Madden's impending call-up to active-duty service with the Air Force. Madden later applied for another position with Rolls-Royce, but the human resources manager was unable to verify Madden's degree credentials, and he was not hired. Madden filed suit against Rolls-Royce under USERRA, claiming that his temporary position was not renewed and he was not hired for the other position because of his military service obligations.

What must he demonstrate in order to establish a claim under USERRA? What defenses can the employer raise? Is Madden likely to succeed? Explain.

Reference no: EM133813710

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