The Justice Department said it filed suit in U.S. District Court ...
The Justice Department said it filed suit in U.S. District Court in Salt Lake City on behalf of a Utah National Guardsman against Synapse Data and Telecom and owner Matthew Mossbarger. Justice alleges that Mossbarger and his company violated…
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the Uniformed Services Employment and Reemployment Rights Act, which bars an employer from terminating an employee if the worker’s obligation for military service helped motivate the termination, unless the employer can prove the firing would have occurred in any event. Justice claims that Jose Ortega, then a network administrator for Synapse, enlisted in the Utah National Guard in April 2008. He was ordered to report for basic training. According to the complaint, Ortega told Mossbarger he'd enlisted, presenting a copy of his orders. “Mossbarger tried to convince Ortega to rescind his military obligation, offering him benefits, a raise and management opportunities,” Justice said in a release. When Ortega balked, Mossbarger fired him, Justice said. Ortega complained to the Labor Department, which referred the case to Justice.