Tolle v. Pocketsonics Inc.

Despite signing a release of claims, a veteran survives the defendants’ motion to dismiss based on the release.

A veteran’s subjective understanding or motivation is only one of several factors that may bear on the determination of whether a release agreement was more beneficial to the veteran than maintaining his USERRA rights. Other potentially relevant factors include the particular terms of the agreement, the extent to which the veteran was involved in negotiating the agreement, whether the veteran obtained the advice of counsel, and a comparison of how the employer treated similarly-situated non-veteran employees. Here, the defendants are not entitled to dismissal or summary judgment based on the Release Agreement.

Tolle v. Pocketsonics Inc., No. 3:17cv74, Oct. 30, 2018. WDVA at Charlottesville (Conrad).

Categories: Opinions, U.S. District Court - Western District of Virginia

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