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A federal judge in Washington has dismissed one worker's claims in a lawsuit accusing Amazon of penalizing employees who took military leave, but allowed another worker's allegations to proceed to trial. The case involves claims of demotion and unfair treatment after employees took time off for military service.

Amazon Military Leave Suit : One Worker Dismissed from Suit

U.S. District Judge Marsha J. Pechman granted Amazon’s motion for summary judgment on Wednesday, dismissing former employee Yasmine Mahone's claims. Mahone had accused the company of violating the Uniformed Services Employment and Reemployment Rights Act (USERRA) by terminating her for taking military leave. However, the judge ruled that Amazon did not willfully violate the law when it fired and declined to rehire her.

Judge Pechman concluded that Mahone failed to prove that Amazon acted with the knowledge or reckless disregard required for her claim. "At most, Mahone has shown that Amazon was aware of USERRA at the time of her termination, but not that Amazon knowingly violated or recklessly disregarded its obligations," the judge said.

Mahone, who worked at Amazon from July to October 2020, alleged that she was fired from a facility in Bessemer, Alabama, for taking too much unpaid military leave. While Amazon offered her over $47,000 in back wages and an opportunity for reemployment, Mahone claimed the company refused her request to be reinstated. After accepting back pay, Mahone was only eligible to seek liquidated damages, but Judge Pechman ruled she could not show Amazon acted willfully.

Another Worker’s Claims to Go to Trial

Meanwhile, Judge Pechman ruled that operations manager Brandon Tole’s claims in the Amazon military leave suit should be heard by a jury. Tole, who is a U.S. Marine Corps Reserve member, alleges Amazon retaliated against him for his military service by removing him from consideration for a promotion.

Tole, who joined Amazon in 2017, said he had been progressing through the company’s "Pathways" program, which aims to promote service members into managerial roles. However, after returning from military leave in 2021, Tole said he was forced to start over in his pursuit of a promotion while colleagues who hadn’t taken leave moved up.

Judge Pechman found that Tole had provided sufficient evidence to support his claim, including text messages from supervisors that suggested Tole would have to "work his way up" again following his service. The judge noted that a jury could find Amazon had unfairly penalized Tole for his military leave by resetting his promotion path.

"A jury could consider this as evidence that Amazon counted Tole’s military leave against him by placing him in a worse-off position," Judge Pechman said, adding that the company's actions raised questions about why Tole's career advancement was stalled.

Amazon Military Leave Suit : Class Certification Denied

This Amazon military leave suit has faced other setbacks. Mahone initially filed the case as a proposed class action along with another former worker, Dain Olson. However, Olson’s claims were dismissed earlier in 2023 for being untimely. Additionally, the workers' bid to certify the case as a class action was denied in July, further limiting the scope of the lawsuit.

Legal Teams and Next Steps

Mahone and Tole are represented by a team of attorneys from Pilot Law PC, Stonebarger Law APC, Kevin Wilson Law PLLC, and HKM Employment Attorneys LLP. Amazon is represented by legal teams from Gibson Dunn & Crutcher LLP and Perkins Coie LLP.

The trial, which will focus on Tole's claims, could result in significant implications for Amazon if the jury sides with his allegations of military discrimination. Representatives for both sides have yet to comment on the developments.