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Labor & Employment Law

: Employment Advisory

By Rod Stephens

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USERRA Claimant does not have to pay filing fee.

In most instances, individuals, that want to have their case decided by the court, are required to pay a filing fee at the time they file their lawsuit. Robert Davis

brought a lawsuit against his employer, Advocate Health Center, for a violation of USERRA (Uniformed Services Employment and Reemployment Rights Act). When he filed his lawsuit, he asked the court to waive the filing fee because USERRA excused him from paying the fees and costs of litigation. The court disagreed and gave him 25 days to pay his filing fee or his case would be dismissed. Undeterred, Roberts waited for the 25 days to expire and filed an appeal with the 7th Circuit Court of Appeals (The federal court that handles appeals from federal trial courts in Wisconsin, Illinois and Indiana. To see how the federal courts are divided by circuits click here).

On appeal, the 7th Circuit Court of Appeals reviewed USERRA and observed the statute provides that ?[n]o fees or court costs may be charged or taxed against any person claiming rights under this chapter.? The Court noted that there really isn?t much case law on this issue, but in the case law that exists, including those cases interpreting the rights of members of the armed services under other statutes, it is clear that Congress intended to lessen the costs of litigation for service members and veterans, thereby allowing them to start a lawsuit without paying a filing fee. Roberts case was reversed and reinstated.

Nothing in this Blog should be considered legal advice or to form an attorney client relationship. The information provided is general in nature and is not a substitute for the advice of a legal professional who can address your unique legal circumstance.

Full post as published by Employment Advisory on April 30, 2008 (boomark / email).