News

Reservist wins settlement against former employer

  • Published
  • By Staff Sgt. Grant Saylor
  • 446th Airlift Wing Public Affairs
JOINT BASE LEWIS-MCCHORD, Wash. --  When Master Sgt. Dave Axtell left his civilian job in 2005 to answer Uncle Sam's call to active duty, he had no reason to think his job wouldn't be there for him when he returned. The University Place, Wash. native was an established, dedicated employee, and he left on good terms. Four years later, after two deployments with the 446th Aircraft Maintenance Squadron in support of Operation Enduring Freedom, Sergeant Axtell was ready to return to civilian life.

Unfortunately, his civilian employer, James J. Williams Bulk Service Transport, had other thoughts. The trucking company to which he devoted 16 years of service told him he was no longer employed there and would have to apply for another position, as if he was a new hire. When Axtell said he didn't believe that was how his reemployment was supposed to work, he was rebuffed by both management and human resources.

Thus began a long battle, taking Axtell on a bumpy and frustrating road in an effort to restore his civilian job and regain a sense of normalcy.

No longer on orders as a 446th Airlift Wing crew chief and expediter, and in need of a steady income in a tough economy, Axtell swallowed his pride and reapplied with JJW. It took three months before the company rehired the former driver supervisor/dispatcher, and when they did, it was in a lower seniority position with less pay. The husband and father of four grown children took the job, but somehow knew this wasn't how his reintegration was supposed to go. In an ironic twist, the trainer the company assigned to him was the same employee Axtell trained years before.

"It was a huge slap in the face," said the 30-year veteran.

Sergeant Axtell contacted an ombudsman at a regional office of the Employer Support for the Guard and Reserve. The ombudsman contacted JJW and helped restore some, but not all, of Axtell's benefits. Four months after he was rehired, the company terminated Axtell.

"I felt like they fired me without cause," he said.

Axtell hired an attorney who advised him to contact the Washington State Department of Labor. The agency conducted an investigation, concluding it agreed with the Reservist... he was denied his proper reemployment rights and unlawfully terminated. They ordered JJW to compensate Axtell for lost wages and unlawful termination. When the company failed to comply, the DOL referred Axtell's case to the United States Department of Justice. After a year-long investigation, the DOJ filed a lawsuit on behalf of Axtell, accusing his former employer of violating the Uniformed Services Employment and Reemployment Rights Act and unlawfully terminating him.

The two parties settled out of court, and JJW agreed to pay Axtell $60,000 to compensate him for lost wages and benefits.

"Just as our dedicated men and women of the military protect our freedoms overseas, we must protect their interests here at home," said U.S. Attorney for the Western District of Washington Jenny Durkan. "These [service members] have made many sacrifices, and the loss of a career or appropriate pay when they return home cannot be allowed."

For his part, Axtell said he's glad the ordeal is over, but he's still frustrated.

"It just seemed like nobody in the company wanted to listen to me."

Axtell has since landed a new job as a long-haul driver for another company, and he's making strides to establish a positive relationship with his new employer. He recently invited his boss to the 446th AW Employer Orientation Day. Now the other managers in his company are clamoring for a future invite.

The Reservist said he's learned some powerful lessons, and while the majority of civilian employers are strong supporters of their employees in the Guard and Reserve, he encourages anyone having an issue like he did to ask for help from the ESGR. Most importantly, he added, document everything in writing.

"I'd just like this to show that the people fighting for our freedom deserve to be supported by their employers."

(The Department of Justice Office of Public Affairs contributed to this article)