Summary of the Lawsuit
This lawsuit was filed against InGenesisSTGi Partners, LLC, STG International, Inc., and InGenesis, Inc. on behalf of current and former employees of Defendants who are or were required to use vacation leave or other annual leave during periods in which they served in the United States Armed Forces or were terminated or not reemployed following military service, in violation of the federal Uniformed Services Employment and Reemployment Rights Act (“USERRA”). The action, entitled Munoz v. InGenesis STGi Partners, LLC, et al., was filed on June 26, 2014, and is pending in the federal district court in San Diego, California.
Summary of the Claims
The Complaint alleges that Defendants maintain policies that penalize employees who take leave from employment to serve in the United States Armed Forces. These policies include: requiring employees who serve in the military to use their accrued Paid Time Off (PTO) for military leave; requiring employees who serve in the military to use their allotted Leave Without Pay (LWOP) for military leave once their accrued PTO is exhausted; and subjecting servicemember-employees to discipline, including termination, for taking leave in excess of their accrued PTO and allotted LWOP.
The Complaint seeks a determination that Defendants’ policies or practices violate USERRA. Among other relief, the Complaint requests that the Court require Defendants to offer reinstatement to any employee whose employment was terminated pursuant to such policies or practices, pay back pages and/or restore the leave used to take military leave or compensate them for such leave and to pay liquidated damages to the Class.
Class Action Allegations
This lawsuit is brought as a class action on behalf of all current and former employees of Defendants InGenesisSTGi, InGenesis, or STGi:
- who are or were required to use vacation leave, other annual leave, or similar leave, including PTO or LWOP, during a period in which they served in the military and were employed by one or more of the Defendants; or
- who were denied reemployment or terminated or subject to a policy by which they would be denied reemployment or termination for using excessive leave while serving in the military.
Excluded from the Class are: (a) all former or current employees who previously reached settlements with or judgments against Defendants resolving or releasing any claims arising during the Class Period under USERRA related to their use of leave during a period of military service, and (b) any person who had any involvement in adopting or implementing Defendants’ policies regarding military leave.
Status of the Litigation
The Complaint was filed on June 26, 2014. Defendants InGenesis STGi Partners, LLC and InGenesis, Inc. and Defendant STG International Inc. all filed answers to the complaint in September 2014. Discovery is ongoing. Plaintiff’s Motion for Class Certification is due on April 20, 2015. A Mandatory Settlement Conference is set for June 29, 2015.
Whom to Contact for More Information
If you believe that you are a member of the proposed Class or you have information which might assist us in the prosecution of these allegations, please contact one of the following persons:
R. Joseph Barton, Esq. firstname.lastname@example.org
Grace Jang, Paralegal email@example.com
Cohen Milstein Sellers & Toll PLLC
1100 New York Avenue, NW, Suite 500 West
Washington, D.C. 20005
Telephone: 1-888-240-0775 or 202-408-4600
Cohen Milstein is co-counsel in this litigation with the Crotty & Son PLLC.