14.44 ELEMENTS OF CLAIM: WRONGFUL TERMINATION (Employee Needed to Care for Covered Servicemember with a Serious Injury or Illness)

• Category: Federal - Jury Instructions - 8th Circuit - Civil - Electricity
• State: Multi-State
• Control #: US-8THCIR-JURY-14-44
• Format: Word

Description

http://www.juryinstructions.ca8.uscourts.gov/8th%20Circuit%20Manual%20of%20Model%20Civil%20Jury%20Instructions.pdf 14.44 Elements of Claim: Wrongful Termination (Employee Needed to Care for Covered Service member with a Serious Injury or Illness) is a claim brought by an employee against an employer who has wrongfully terminated them due to the employee’s need to care for a covereservicmember arr with a serious injury or illness. The employee must be able to prove that the termination was due to their need to care for a covered service member and that the termination was wrongful. In order to prove wrongful termination, the employee must demonstrate that the termination was in violation of the Uniformed Services Employment and Reemployment Rights Act (SERRA) or any other employment related law. Types of wrongful termination claims under the SERRA include: 1. Retaliation or discrimination due to the employee's military service or status. 2. Refusal to grant an employee the right to take leave for military service. 3. Refusal to reinstate an employee after military service. 4. Refusal to provide benefits to an employee after military service. 5. Refusal to grant an employee the right to take leave to care for a covered service member with a serious injury or illness.

14.44 Elements of Claim: Wrongful Termination (Employee Needed to Care for Covered Service member with a Serious Injury or Illness) is a claim brought by an employee against an employer who has wrongfully terminated them due to the employee’s need to care for a covereservicmember arr with a serious injury or illness. The employee must be able to prove that the termination was due to their need to care for a covered service member and that the termination was wrongful. In order to prove wrongful termination, the employee must demonstrate that the termination was in violation of the Uniformed Services Employment and Reemployment Rights Act (SERRA) or any other employment related law. Types of wrongful termination claims under the SERRA include: 1. Retaliation or discrimination due to the employee's military service or status. 2. Refusal to grant an employee the right to take leave for military service. 3. Refusal to reinstate an employee after military service. 4. Refusal to provide benefits to an employee after military service. 5. Refusal to grant an employee the right to take leave to care for a covered service member with a serious injury or illness.