[Shadow_Group] S.D. Guard member says firm violated federal law by not giving old job back

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Iraq veteran suing company

S.D. Guard member says firm violated federal law by
not giving old job back

>From staff and wire reports 

FROM:
http://www.charlotte.com/mld/aberdeennews/news/8593320.htm<http://www.charlotte.com/mld/aberdeennews/news/8593320.htm>
A National Guard soldier recently home from Iraq is
suing Sykes Enterprises, saying the company's
Bismarck, N.D., branch violated a federal law that
guarantees returning soldiers will get their jobs
back.

Prior to his deployment, Pfc. Ron Vander Wal, 23, a
member of the South Dakota Guard's 200th Engineer
Company, worked as a telephone customer service
technician with Sykes, a company that provides
computer tech support for consumers. He is originally
from Pollock, but now resides in Bismarck.

"It was a good homecoming but this has been rather
disappointing," Vander Wal said about his problems
with Sykes. "I'm the only member of the unit as far as
I know who didn't have a job to come back to. It was
pretty disappointing to have to start job hunting
again."

The 200th Engineer Company, based in Mobridge, Pierre,
Chamberlain and Lemmon, was deployed to Iraq in
January 2003 and returned to South Dakota in late
March of this year. Vander Wal spent his time in Iraq
helping to build a bridge, providing security at that
span and guarding the 200th's base camp and prisoners
of war. He's been with the South Dakota Guard for five
years and is a member of the 200th's Mobridge
detachment.

Vander Wal said that after he returned from Iraq, a
personnel officer at Sykes' Bismarck branch told him
no positions were available for him, and that other
returning veterans were ''in the same boat.''

After Vander Wal filed his lawsuit, Sykes sent him a
letter stating that he should report back to work
Tuesday, which he did. He said that his supervisors
and fellow workers at Sykes treated him "fine" and he
doesn't expect future problems as long as he does his
job.

But Vander Wal's still following through with his
lawsuit because he believes the company has denied
other returning veterans their jobs. Vander Wal wants
Sykes to rehire all returning veterans at their former
or equal positions. He also wants Sykes to start a
scholarship fund for veterans.

The company, based in Tampa, Fla., has until May 18 to
file a response.

Sykes spokeswoman Andrea Burnett said the company had
no comment on the lawsuit, which was filed in federal
court in Bismarck.

The lawsuit specifically names Cassie Thompson, a
personnel official for Sykes in Bismarck. It alleges
she was part of a scheme to deny returning veterans
re-employment at their rates of pay and benefits, in a
move to cut costs.

An attorney for the North Dakota office of Employer
Support of Guard and Reserve, Gary Helgeson, said
employers are required to rehire a soldier at the
position they left, or ''one of like status, pay and
benefits if positions like that exist in the
company.''

Vander Wal's attorney, John Gosbee of Mandan, N.D.,
said his client was told Sykes' laid off workers on
the account on which Vander Wal was working. He said
Vander Wal was told there were no open positions on
any other accounts, but Sykes advertised for similar
customer-support jobs last month.

Vander Wal said he's mystified by Sykes not hiring
back veterans.

"I don't understand what could be their reason," he
said. "It's not like it's a high-paying job by any
means."



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