GALENA, Mo. (AP) - A National Guardsman from southwest Missouri is suing Stone County because his job was given to someone else while he was deployed.
In a federal lawsuit filed Tuesday, Ryan Joy of Republic said he had been a mechanic working as a shop manager for the Stone County when he was deployed in May 2012 for one year. The lawsuit says that when he returned in 2013, the county told him he would no longer be the manager and gave him a lesser position.
The county has filed court documents denying many of Joy’s claims, The Springfield News-Leader reported (https://sgfnow.co/1bRpLvN ).
Joy, who has been in the Army National Guard for 16 years, began working for Stone County in 2007. He said he submitted paperwork informing the county ahead of his May 2012 deployment, as well as Doug Rader, who was elected sheriff later in 2012.
When Joy returned in 2013, he sent the county a letter notifying them he would be honorably released from active duty June 9 and asked to be reinstated in his former job. Joy claims in his petition that when he returned to work June 10, he was told his temporary replacement was the permanent shop manager and Joy would now be “his helper.”
Stone County Attorney Patricia Keck declined to speak about the case. In court documents the county denied that Joy was told his replacement would be the full-time shop manager. The county’s response also states “Missouri is an at-will state and (Joy’s) employment with (the county) was as an at-will employee.”
Joy said he contacted the Department of Labor, which on June 13 told the county that not reinstating Joy to his previous position violated the Uniformed Services Employment and Reemployment Rights Act. The law requires that a person returning from service is entitled to re-employment rights and benefits if advance written notice is given, the service does not exceed five years and the person submits an application for re-employment.
The department told the county that if it created a new position and conducted interviews, it would be legal to put the new employee in that position, according to the lawsuit. The county then created a fleet maintenance supervisor position, interviewed Joy and his replacement, and gave the job to the replacement, the petition says. Joy contends he is more qualified for that job.
Joy continued to work at the shop for a few months but left because the work environment was hostile, according to the lawsuit.
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Information from: Springfield News-Leader, https://www.news-leader.com
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