A comparison. Glendale is a city in Phoenix, AZ. Luke AFB is in Glendale.
https://www.azcentral.com/story/news/local/glendale/2019/04/01/glendale-pays-national-guard-member-department-of-justice-sued-city-fired-military-leave/3336089002/?utm_campaign=daily_briefing&utm_medium=email&utm_source=azcentral-Daily%20Briefing&utm_term=list_article_thumb
Glendale pays $45K to ex-employee who said she was wrongly terminated because of military leave - 2 Apr 19
Glendale will pay missed wages and retirement benefits to an ex-employee who says the city fired her because she tried to take military service leave. The U.S. Department of Justice sued the city in U.S. District Court in 2017 on behalf of Rebecca Cruz, a member of the Arizona Air National Guard. Cruz said in her complaint that the city fired her just days after she told her supervisor she had to leave for two months for a Guard training program. City officials told her at the time they were firing her because of her job performance. Cruz said in her complaint no one warned her before that her performance was lacking. The parties settled the case in December, and the case was officially dismissed Monday.
As part of the settlement, the city will pay Cruz $45,000,the equivalent of the back wages that she lost because of her termination. Cruz will also receive her Arizona State Retirement System contributions. The city "honors and respects all employees who request time off for military service," according to the statement.
City denies violating military rights
The city firmly denies that firing Cruz violated her military rights, or was otherwise illegal or inappropriate, according to a statement city officials emailed The Arizona Republic on Monday. "As described in the city’s filings in the lawsuit, it had valid, objective reasons for ending Ms. Cruz's employment after only 11 weeks – none of which concerned her military service," the city said.The city "honors and respects all employees who request time off for military service," according to the statement.
"Glendale's treatment of those who serve in the military is award-winning on a national level," the city said. In its statement, the city emphasized its support for military service members, stating that it goes above and beyond with its policies and practices regarding military service. Luke Air Force Base is in the city.
Illegal to fire service member for performing required duties
The Department of Justice brought the case under the Uniformed Services Employment and Reemployment Rights Act of 1994. That act protects the rights of uniformed service members so they can retain their civilian employment while they're away fulfilling military service obligations. It says they can't be discriminated against because of these obligations. Eric Dreiband, assistant attorney general for the Department of Justice's Civil Rights Division, said our nation depends on Cruz and other members of the National Guard. "Our laws preserve their civilian jobs when they are called to service,” he said in a news release. “The Department of Justice ensures that these laws are followed.”
Employee said she told city about her service obligations
Cruz started in the Arizona Air National Guard in 2007. Around March 28, 2016, the city hired her as a management analyst in the Public Works Department. Her salary was $75,000. When she interviewed for the spot, she told then-Public Works Program Administrator Bob Manginell and then-Deputy Director Michelle Woytenko about her military service in the Guard, according to her complaint. Two months into the job, in May 2016, the Guard told her that it was changing her classification and she would need to attend a two-month long training program starting July 11, 2016.
City admin: Don't come back with 'PTSD or whatever people call it'
Shortly after she was notified, Cruz told Manginell in person that she would have to leave for the training, according to Cruz's complaint. At this meeting, Cruz said, Manginell said he was concerned about how she would integrate back into work when she returned. Cruz said she told him she would receive training on how to reintegrate. "Manginell said 'okay,' but told Cruz that he did not want her coming back with 'some kind of PTSD or whatever people call it,'" according to Cruz's complaint.
In the city's response to the complaint, the city denied that Manginell said that, or that he expressed concern about her service. Cruz said Manginell appeared visibly upset that her Guard duties could consistently require her to be away from her position and said that one of her co-workers would have to "bend over backwards" to do the work while she was away. The city also denies that Manginell said this. Cruz then filed her written military orders and a request for 240 paid military leave hours.
City said firing was because of job performance
On June 8, Cruz and Manginell met with two employees in the city's Human Resources Department, who verified that Cruz was entitled to 320 paid military leave hours per year. Cruz said in her complaint that Manginell's "tone and demeanor" at the meeting made it clear her leaving for training was an issue for him. The city denied this in its response. That same day that they met with human resources, Manginell and Woytenko met with then-Public Works Director Jack Friedline, where they expressed concerns about Cruz's work performance, according to Cruz's complaint.
Friedline decided to fire Cruz, who was still in her probationary period with the city.
In the city's response to Cruz's complaint, it said that Friedline decided to fire Cruz "before he was aware that (she) had received military orders and requested paid military leave." "Jack Friedline’s decision to terminate (Cruz) was based on his personal observations of (Cruz's) work performance, upon reports from members of his staff that (Cruz's) work performance that did not meet the City’s expectations and upon (Cruz's) inability to communicate effectively and appropriately with City staff, including managers in Friedline’s chain of command," the city wrote in its response.
Cruz said in her complaint that no one had told her about issues with her performance before she was fired on June 16, 2016. The city denied this in its response. Because of the close timing, Manginell's comments about Cruz's leave, and the lack of comments about her performance, Cruz said in her complaint she believed she was terminated because of her request for leave. Cruz filed a complaint shortly after she was fired, and the city received the complaint on June 24, 2016.
City employees involved have since retired or moved to new roles.
Manginell retired on Nov. 2, 2016. Friedline was promoted from public works director to assistant city manager in September 2017. That was a month after Cruz filed the complaint against the city. Friedline retired in September 2018. Woytenko, who was deputy director of public works when Cruz was fired, is now the city's director of public works.
City emphasizes strong military support
The city believes it goes above and beyond with its policies and practices regarding military service. In 2015, the city was one of 15 organizations across the country to receive the Secretary of Defense Freedom Award for supporting employees who were also active military. The city was nominated for the award by three Glendale police officers because of the support they and their families received during their military service, according to a 2015 city press release. Also, in July 2018, a Public Works employee received the Department of Defense's Patriot Award, which acknowledges supervisors who provide support to members of the National Guard and Reserve. "As described in the city’s filings in the lawsuit, it had valid, objective reasons for ending Ms. Cruz's employment after only 11 weeks – none of which concerned her military service," the city said.
