Cases
Representative Matters: Mathew B. Tully - Jose D. Hern
ez v. Dept of the Air Force - Obtained appeal decision from the Merit Systems Protection Board that the board should overturn its original decision
could adjudicate claims of USERRA violations prior to the statute's enactment in 1994. Jose D. Hern
ez, a retired aircraft mechanic for the Air Force contended he was erroneously charged for leave time from 1980 to 2001. Hern
ez was granted the petition
the original decision was vacated.
Mathew B. Tully - Pucilowski v. Department of Justice - Alex
er F. Pucilowski Jr., a federal corrections officer
federal air marshal contended he was erroneously charge for military leave from 1989 to 2002 while in the National Guard. Court said a series of its recent rulings on military leave pay cases, including Hern
ez, has signaled its view that the Uniformed Services Employment
Reemployment Rights Act should be interpreted liberally to the benefit of guardsmen
reservists. This case resulted in more favorable military leave pay determinations by the U.S. Merit Systems Protection Board toward federal employees who are also in the National Guard or military reserve. Will exp
the time frame for which guard personnel can seek compensation
potentially make their case easier to prove - Mathew B. Tully
Mathew B. Tully - Jackson v. United States - The United States Supreme Court vacated the prior judgment upholding defendant's sentence
rem
ed the matter to the court for reconsideration of defendant's sentence in light of Booker.
Mathew B. Tully - State of New York County Court: Orange County - People v Jones Decision
Order - Client's 9 year sentence
conviction vacated with Appeal victory.
Mathew B. Tully - Miller v. U.S. Postal Service - MSPB said reservists who worked at the Postal Service also eligible for back pay because of an erroneous leave policy.
Mathew B. Tully
Greg T. Rinckey - Collins v. Department of the Agriculture - Filed an appeal alleging that while employed by the Department of the Agriculture he was charged military leave even on non-work days which caused him to use annual, sick, or leave without pay to perform military duties from 1989 -2000. Based on USERRA, the agency was ordered to correct its records
to pay appellant the back pay that was owed.