Douglas Milhauser v. Minco Products, Inc.

MURPHY, Circuit Judge.

After Douglas Milhauser’s employment was terminated by Mineo Products, Inc. (Mineo) as part of a reduction in force, he brought this action under the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4301 et seq., a statute requiring that returning veterans be reemployed in an appropriate position. The case was tried to a jury which found for Mineo. Milhauser then moved for judgment as a matter of law, arguing that there was not a legally sufficient basis for the verdict because termination is not a valid reemployment position *270under the…