Rivera-Melendez v. Pfizer Pharms., LLC

Plaintiff was employed by Pfizer Pharmaceuticals, LLC as an active pharmaceutical ingredient (API) group leader. In 2008, Plaintiff, member of the U.S. Navy, was called to active duty. During Plaintiff's tour of duty, Pfizer restructured its API department, eliminating the API group leader position and replacing it with two separate classifications, API team leader and API service coordinator. After being discharged from active military service, Plaintiff was appointed to the API service coordinator position. Plaintiff subsequently filed suit against Pfizer, asserting Uniformed Services Employment and Reemployment Rights Act claims and pendant state law claims, alleging, inter alia, that Pfizer violated his rights by failing to provide him with an opportunity to apply for the API team leader position. The district court concluded that because the API team leader was not an automatic promotion, the escalator principle and reasonable certainty test did not apply to Plaintiff's claim. The First Circuit Court of Appeals vacated the district court's judgment and remanded, holding that the escalator principle and reasonable certainty test apply regardless of whether the promotion at issue is automatic or non-automatic. View "Rivera-Melendez v. Pfizer Pharms., LLC" on Justia Law