Feds sue Roadway Express after dismissal of military man

| Tuesday, March 07, 2006

The U.S. Department of Justice is taking Roadway Express to court on charges that the company wrongfully dismissed a driver who served in the military.

The Oregonian reported that Kevin Bower of Battle Ground, WA, was a full-time driver for Roadway when he volunteered for the army in 1999. At the time, Roadway demanded his resignation, but Bower refused.

Bower was honorably discharged 2001 from the military after receiving a flu shot that gave him a staph infection, endocarditis and a vertebral bone infection.

When Bower tried to return to work, Roadway officials told him that he was ineligible to return under the Uniformed Services Employment and Re-employment Act because he had volunteered for his service as opposed to being drafted, according to The Oregonian.

However, the Department of Justice lawsuit says that Roadway lied about the rules of the act and that Bower should have been allowed to return to work.

The Oregonian reported that a company doctor said that, while Bower could not return to work as a truck driver because of his disability, he was perfectly fit to work as a dispatcher, dock foreman or office worker.

Instead, the suit claims that Roadway told him he could not come back to work because he could no longer drive a truck. 

A court date for the suit has not yet been set.

Roadway is a subsidiary of Yellow Roadway Corp., which is headquartered in Overland Park, KS.

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