Air Force Reserve Nurse Sues for Wrongful Termination

By Daniel Hawn

Published on February 08, 2007

Muhl served as administrator of Sutter Health's joint cardiac program. During her 10 years with the hospital group, she was granted three military leaves of absence for active duty. After notifying her supervisor of her January redeployment, Muhl was informed three days before Christmas that there would be no position for her when she returned.

Muhl’s lawsuit alleges that Sutter Health violated the Uniformed Services Employment and Reemployment Right Act, which requires employers to keep positions open for returning soldiers or offer them equivalent employment. She is seeking unspecified damages, including lost back pay, salary, and bonus wages; lost fringe benefits and future lost earnings; and damages for emotional distress. The suit also seeks an injunction to prevent Sutter Health from violating the rights of reservist employees.

Sutter Health contends that Muhl’s termination had been discussed for months as part of reorganization and cost-cutting measures. Muhl says that as a high-level executive, she was present for relevant budget meetings and her position was never discussed.

According to the Employer Support of the Guard and Reserves division of the Defense
Department, which resolves workplace disputes involving reservists, the elevation of reserve deployments to Iraq has been accompanied by a significant increase in reservist workplace disputes.

Comment on this article →