Dorris v. TXD Services, LP’s Empirical Analysis
753 F.3d 740 · 2014
Citation profile
1 district ·
Relationships
Applies 29 U.S.C. § 1163 (§ 603 of the Employee Retirement Income Security Act of 1974) · 38 U.S.C. § 4301 · 38 U.S.C. § 4303 · 38 U.S.C. § 4311 · 38 U.S.C. § 4312 · 38 U.S.C. § 4316 · 38 U.S.C. § 4317
Relies on Vaca v. Sipes · Lamarque v. Chavis · Keener v. United States · Monroe v. Standard Oil Co. · Lamarque v. Chavis
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“During a period of service in the uniformed services, the employee is deemed to be-on furlough or leave of absence from the civilian employer. In this status, the employee is entitled to the non-seniority rights and benefits generally provided by the employer to other employees with similar seniority, status, and pay that are on furlough or leave of absence. Entitlement to these non-seniority rights and benefits is not dependent on how the employer characterizes the employee’s status during a period of service. For example, if the employer characterizes the employee as “terminated” during the period of uniformed service, this characterization cannot be used to avoid USERRA’s requirement that the employee be deemed on furlough or leave of absence, and therefore entitled to non-seniority rights and benefits generally provided to employees on furlough or leave of absence.”
1 later decision quote this exact passage · from the majority“... [A] person who is absent from a position of employment by reason of service in the uniformed services shall be— (A) deemed to be on furlough or leave of absence while performing such service; and (B) entitled to such other rights and benefits not determined by seniority as are generally provided by the employer of the person to employees having similar seniority, status, and pay who are on furlough or leave of absence under a contract, agreement, policy, practice, or plan in effect at the commencement of such service or established while such person performs such service.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.