Reference no: EM131706140

Question: Rita Novak was employed by Dakota Industries as general manager: she was also a member of the U.S. Army Reserves. Her reserve unit was called up to active duty in Bosnia for six months in December 1996, and she gave the employer appropriate notice of her need to be absent from her job for that period. Upon completion of her duty in Bosnia, she returned to the job at Dakota Industries on July 7, 1997. She was reemployed at the same rate of pay as she received prior to leaving for Bosnia, but the employer did not give her the general pay increase granted by Dakota to all employees in May 1997. Novak informed the employer that she was entitled to receive the May 1997 pay increase, but the employer refused and told her she was lucky to have a job at all. Three weeks later, Novak informed her employer that she was required to attend a two-day training program for the Reserves and that she would be absent from work on August 14 and 15, 1997.

The employer complained about the disruption caused by her absence during her service in Bosnia and informed her that her Reserve duty was "too much trouble" and that she was needed on the job. Novak then presented a copy of her reserve orders to report for the training session, along with a written request for a two-day leave; the employer told her that if she went, she "shouldn't come back." When Novak did not appear for work on August 14, the employer prepared a check for her, with the notation "final pay owing as of termination date, August 14, 1997." The employer presented the check to Novak when she reported for work August 18, told her she was fired, and asked for her keys. What legal remedies can Novak pursue against Dakota Industries? What steps should she take to pursue a claim, and what is her likelihood of success? What remedies can she recover? Explain your answers. See Novak v. Mackintosh [937 F. Supp. 873 (D.S.D. 1996)].