Rivera-Melendez v. Pfizer Pharmaceuticals, LLC

LIPEZ, Circuit Judge.

This case requires us to determine whether the “escalator principle” and “reasonable certainty” test governing reinstatement claims under the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) apply to non-automatic, “discretionary” promotions. The district court found that they do not, and used this conclusion to reject plaintiff Luis Rivera-Meléndez’s USERRA reinstatement claim pursuant to 38 U.S.C. §§ 4312 and 4313 and award summary judgment to defendant, Pfizer Pharmaceuticals, LLC (“Pfizer”). Because we conclude that the escalator principle…