I was a driver for Swift Transportation in 2003 when my reserve unit was activated and I was deployed to Iraqin Feb. Whle serving in Iraq my vehicle was hit by mortar fire and over turned causing a sevier knee injury. Upon my return from Iraq (Aug). I was being treated for my injury and awaiting knee surgery I could'nt drive Over the road and Swift Transportation refused to find addiquate employment for me which was a violation of the USSERA act I had to contact a TV news station to force Swift Transportation into putting me into another job posistion. I was then hired into the On Road Department (Oct). I was schedualed for knee surgery Jan 7 which caused me to have to go through extreme physical therapy and have to learn to walk all over again.
In feb I had a drill week end come up that I had to attend as well as 2 days of physical therapy and taking heavy meds which prohbited me from being able to work I notified my shift supervisor as well as the other 2 overlappig shift supervisors that I would be absent for those 4 days due to Physical therapy and military duties. They informed me that it was not a problem and to call in the day I was coming back to work to get my schedual. When I called in the Department Manager answered the phone and informed me that I was terminated for no call no show. The day of termination was the saturday I was on military duty.
Swift sent me a letter informing me that I could file for Unemployment but I took it a step further and notified the labor board through my chain of command. When Swift found out I went to the labor board they refused me Unemployment which went to court and the judge caught the On Road Department manager in several lies and found Swift Transportation in contempt for lying to the judge and I was awarded the Unemployment. Yet the case with the Labor Board never went to court because Swift Transportation refused to reture the phone calls to the labor board so the labor board dropped the case. I then went back to my chain of command and was informed that I was not the only person Swift Transportation did this to that they also did the same exact thing to another soldier in my same unit that worked for another department with Swift trasportation and he was fired for the exact same reason I was and on the exact same day and he was deployed to Irag the same time I was. So this tells me that Swift Transpotation fired us both because of our military service in Iraq and never suffered any conseguenses for thier action because they bought thier way out.
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