Second Circuit -- Serricchio v. Wachovia Securities, LLC

Upon return from service, USERRA claimant who had a large book of commission-based business is not sufficiently reemployed by simply being offered the same commission level.

It is within equitable powers of the court to order return at fixed salary as opposed to commission - no abuse of discretion.

No error in USERRA-specific jury instructions.


Serricchio v. Wachovia Securities, LLC