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Can’t Fire Me for That,|Army Reserve Man Says

ST. LOUIS (CN) - Best Buy illegally fired a worker for missing work for Army Reserve training, the man claims in court.

Marcus Hammonds sued Best Buy in Federal Court. He claims his wrongful firing violated the Uniformed Services Employment and Re-employment Rights Act.

Best Buy fired him after he returned from a two-week training session in July 2012, Hammonds says in the lawsuit.

He claims he had reminded his manager and team leader of the training session before he took the time off, but they cut him from the work schedule anyway.

"Plaintiff spoke to one of the team leaders in his department, Randy Crawford," the complaint states. "Crawford told plaintiff that plaintiff had had four 'no call, no show' shifts during the two weeks that he was engaged in Reserves training. Crawford recommended that plaintiff speak to general manager Dan Hughes.

"Plaintiff spoke to Hughes, who informed plaintiff that Hughes had been 'given the impression' that plaintiff had quit his job.

"Plaintiff never resigned his position with defendant Best Buy.

"Plaintiff subsequently spoke to a Best Buy human resources representative, who informed plaintiff that he had been involuntarily separated from his employment in July 2012.

"Plaintiff had an obligation to perform service for the United States Army Reserves, and actually performed such service.

"Defendant Best Buy took adverse action against plaintiff by involuntarily terminating his employment and failing to retain him for employment, in violation of the Uniformed Service Employment and Reemployment Rights Act."

Hammonds seeks punitive damages of at least $75,000.

He is represented by Brian Love with Dobson, Goldberg, Berns & Rich.

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