Eleventh Circuit upholds Delta Air Lines' win in pilots' USERRA lawsuit

6 articles · Updated · Bloomberg Law · Apr 24

The court ruled in favor of Delta Air Lines against two male Air Force reservist pilots who alleged wrongful termination and benefit miscalculations.
Judges found Delta had legitimate grounds for constructive termination due to sick leave abuse and properly handled pension contributions during military leave.
The court also determined Delta was not required to allow vacation accrual during long-term military leave, as such leave was not comparable to other types.

How can companies legally distinguish sick leave abuse from legitimate post-deployment needs?

When does military leave become 'incomparable,' costing service members their vacation benefits?

Does USERRA need more reform to protect benefits during long-term military deployments?

What makes jury duty comparable for pay but long military leave not for vacation?

Who should ultimately bear the cost of reservist benefits: employers or taxpayers?