Vet fired after Iraq duty awarded $500,000

A federal judge rules that Agilent Technologies illegally dismissed Marine Reserve Lt. Col. Steve Duarte in 2003.
By Mike McPhee

Denver–A federal judge Friday awarded a military veteran nearly $500,000 for having been fired illegally from his civilian job shortly after returning from two tours of combat duty in Iraq.

Marine Reserve Lt. Col. Steve Duarte was fired by Agilent Technologies, where he had worked for more than 19 years, in November 2003 – just four months after completing his second combat tour.

“I’m thrilled by the ruling,” Duarte said. “I just hope that the people of Agilent think of me every time they see the American flag.

“I have a tinge of anger, but this is much bigger than me. This is about all the younger vets coming back who can’t afford to fight their employers.”

Duarte sued under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), which prohibits employers from firing returning veterans within the first year, except for with cause.

After presiding over a three-day trial last month, U.S. District Chief Judge Lewis Babcock ruled Friday that Agilent had not given Duarte “a fair opportunity to resume his previous duties” in human resources.

Agilent hired back Duarte with diminished responsibilities, then forced him out after four months because of his poor job skills, the company testified.

His manager also testified she was under pressure to trim more than $700,000 from her budget, which motivated her to release Duarte and a co-worker.

But Agilent then posted an ad for Duarte’s job a few months later.

Babcock ruled that Duarte was never given a chance to resume his previous job or to relearn his job skills before he was evaluated and ranked against other employees.

“Duarte paid a steep price for his military deployment during his employment with Agilent,” wrote Babcock. “This is the harm USERRA was enacted to prevent.”

Duarte was awarded $498,261 in back pay and future pay, as well as interest. He also was awarded attorney’s fees and costs.

He was represented by attorney George Aucoin, a former Denver lawyer and Marine reservist who left the day after the trial for combat duty in Iraq.