Guardsman's firing sparks federal suit - Army News | News from Afghanistan & Iraq - Army Times

Guardsman's firing sparks federal suit

SALT LAKE CITY — The U.S. Department of Justice has filed a lawsuit against a former Ogden company and its owner who fired a Utah National Guard member.

The lawsuit contends that Synapse Data and Telecom Inc., and company owner Matthew Mossbarger violated the Uniformed Services Employment and Reemployment Rights Act. Court papers say USERRA prohibits using military service obligations as a motivating factor for terminating employment.

Jose A. Ortega of Layton worked as a network administrator for Synapse. According to the complaint, he enlisted in the Utah National Guard in April 2008 and was to report for basic training in May of that year.

Federal attorneys say Ortega was fired after refusing to withdraw from the military when asked by Mossbarger.

Mossbarger said he lost investors because Ortega, the company's only employee, was leaving. An Army veteran, Mossbarger said he consulted a lawyer, who advised the firing would not violate USERRA. He said the attorney's interpretation of the act was that its rules would not apply if a company was caused undue hardship.

Mossbarger's company has since folded. He said he has not yet hired an attorney for the federal lawsuit.

"I am very patriotic, and as a former member of the military I understand the importance of it all. It was a very tough situation," Mossbarger said. "He was my sole employee, and I can't think of any more undue hardship on a business than that."