U.S. Attorney Files Lawsuit Against Google For Violating The Uniformed Services Employment And Reemployment Rights Act

United States Attorney for the Southern District of New York, Jamie McDonald, announced today that the United States has filed a lawsuit on behalf of former Google employee and U.S. Army Reservist Mark Davisson against GOOGLE LLC ("GOOGLE") under the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA"). The Complaint alleges that GOOGLE violated USERRA by failing to restore Davisson to a position of like status after his absence from GOOGLE due to a military deployment.

"Federal law ensures that our brave soldiers, who sacrifice so much to keep us safe, are not punished by employers when they return to the civilian workforce after completing their military service," said U.S. Attorney Jamie McDonald. "This Office is committed to enforcing USERRA's protections to ensure that service members like Lieutenant Colonel Mark Davisson receive the benefits to which they are legally entitled."

According to the pleadings filed in Manhattan federal court:

Davisson enlisted in the United States Army Reserve in May 2004 and has served as a commissioned officer since December 2004. During his time in the military, he has been awarded a Bronze Star for his service in Iraq, a Meritorious Service Medal for his service in Afghanistan, and numerous other individual and unit awards. In December 2019, Davisson joined GOOGLE as a Key Account Executive ("KAE"), responsible for leading Google Cloud sales initiatives within the Financial Services Group. By January 2022, Davisson managed the Google Cloud customer accounts for BlackRock, Bridgewater Associates, and Credit Suisse.

Davisson was ordered to report for active duty starting in May 2022. While on active duty, Davisson served at U.S. Army Cyber Command at Fort Gordon, Georgia. Upon completion of his military service, Davisson returned to GOOGLE in May 2023.

When Davisson returned to work, GOOGLE did not restore him as the KAE responsible for any of the accounts that he managed prior to his departure, or any other customer account. Contrary to its legal obligation, GOOGLE did not reemploy Davisson in a position providing the same opportunities for advancement, working conditions, and responsibility that he would have had but for his period of military service. Instead, Davisson was ultimately assigned to a separate team and was terminated as part of a workforce reduction that impacted that team.

USERRA guarantees that service members whose employment is interrupted by more than 90 days of military service are, upon their return to their employer, restored to a position of the same status that they would have held absent their military service.

The Complaint seeks, among other things, reinstatement, compensation for Davisson's lost wages, and liquidated damages.

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This case is being handled by the Office's Civil Rights Unit in the Civil Division. Assistant U.S. Attorney Danielle J. Marryshow is in charge of the case.