Complaint Alleges Violations of Pension Rights of Thousands of Employees Who Served in the Armed Forces
Two mechanics employed by Federal Express Corp. (FedEx) filed a nationwide class action lawsuit alleging that the international logistics and transportation company violated the pension rights of thousands of its employees who took military leave to serve in the National Guard and Reserves, according to Outten & Golden LLP and the Law Office of Joe Napiltonia.
The lawsuit comes just days after the U.S. Court of Appeals for the Sixth Circuit held that the formula FedEx applied to make pension contributions for employees who take military leave is “at odds” with federal law. The Sixth Circuit’s opinion, Savage v. Federal Express Corp. et al, No. 16-5244 (6th Cir. 2017), is available here.
The class action complaint filed today alleges that since 2002 FedEx mechanics and other employees who regularly earn overtime pay have been deprived of pension contributions mandated by the federal Uniformed Services Employment & Reemployment Rights Act (USERRA).
The lead plaintiffs are Clifton Cunningham, a FedEx mechanic who works in Tennessee, and Don Teed, a FedEx mechanic who works in Massachusetts.
The plaintiffs and proposed class are represented by Peter Romer-Friedman of Outten & Golden LLP, a law firm that represents workers in class action litigation, and Joseph Napiltonia of the Law Office of Joseph Napiltonia, a firm owned and operated by a former Navy SEAL.
Peter Romer-Friedman of Outten & Golden LLP’s Washington, D.C. office said, “Service members deserve to receive the full pension benefits they have earned. Through this lawsuit, we hope to deliver justice for thousands of reservists who honorably served in the military.”
Joseph Napiltonia of the Law Office of Joe Napiltonia, in Franklin, Tenn., said “I applaud Clif Cunningham and Don Teed for having the courage to stand up for their fellow veterans and co-workers.”
The case is Cunningham v. Federal Express Corp. et al., Case No. 3:17-cv-00845 (M.D. Tenn.) in the U.S. District Court in Nashville.