Janowski v. Division of State Police, Department of Safety & Homeland Security, State

STEELE, Chief Justice:

We address, on first impression in Delaware, whether the General Assembly explicitly waived sovereign immunity from suit by military reservists for reemployment rights. Former state trooper, Keith Janowski, asserts that the State 1 violated state and federal statutes, by terminating his employment when he returned from active military duty. He urges us, in the face of state constitutional protections against inadvertent waiver, to include the State within the plain meaning of the statutory term “any employer.” 2

Janowski appeals the trial judge’s grant of the State’s…