Vets could sue for state job they left

If a veteran returns to find that the job they left behind is no longer available, they can sue their employer — unless it was a job with the state.

Rep. David Dill (DFL-Crane Lake) hopes the bill he introduced last year to change the situation makes it to the governor’s desk this year.

HF56, approved Jan. 26 by the House Civil Law Committee, would waive the state’s 11th Amendment immunity for claims arising out of the Uniformed Services Employment and Reemployment Rights Act. This federal law prohibits employer discrimination based on military service or obligation. The bill now returns to the full House for consideration. It was waiting there when session adjourned last year, and was returned to the committee to start the process anew.

With few exceptions, the 11th Amendment to the U.S. Constitution prohibits a state from being sued in federal court, unless the state has consented to the suit, according to the nonpartisan House Research Department. Employment law rights are granted by federal law, so therefore a returning veteran who alleges violation has little legal recourse.

The companion, SF343, sponsored by Senate Minority Leader Tom Bakk (DFL-Cook), awaits action by the Senate State Government Innovation and Veterans Committee.