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.
