Mississippi Supreme Court Remands MDWFP Case for Further Proceedings

After completing 8 months of National Guard training, Tammy Webster requested to renew her contract as a dispatcher with the Mississippi Department of Wildlife, Fisheries, and Parks (MDWFP). She filed a claim under the Uniformed Services Employment and Reemployment Act (USERRA) when MDWFP refused to rehire her. The trial court awarded her $7,589 for one year’s worth of lost part-time wages and an attorney-fee award of $2,800. She appealed asserting she was entitled to double damages based on the MDWFP’s “willful” violation of USERRA. She also appealed the attorney-fee award because of the trial court’s lack of consideration for the time her counsel spent on her case or their hourly rate. The Supreme Court of Mississippi affirmed the trial court’s compensatory award but reversed and remanded the issues of liquidated damages, attorney fees and expense, and court costs. Find all the details here.