Rodolfo Quiles v. Union Pacific Railroad Company

United States Court of Appeals for the Eighth Circuit · July 6, 2021 · No. Nos. 19-3489/20-1605

Summary

The Eighth Circuit reversed the district court's grant of judgment as a matter of law to Quiles on his USERRA reemployment claim, holding that a reasonable jury could find Union Pacific complied with the "escalator position" principle given a corporate reorganization that eliminated Quiles's prior position. The court also reversed the denial of Union Pacific's JMOL motion and directed entry of judgment for the defendant, as no reasonable jury could find for Quiles on his reemployment claim and the jury had found he was fired for cause. Additionally, the court vacated the attorney fee award because Quiles was not a prevailing party. The court rejected Union Pacific's standing challenge, holding that a plaintiff's lack of ultimate success on the merits does not defeat Article III jurisdiction.

Court
United States Court of Appeals for the Eighth Circuit
Writing for the Court
GRASZ; BENTON; ERICKSON
Jurisdiction
Federal
Decision date
July 6, 2021
Docket number
Nos. 19-3489/20-1605
Procedural posture
Appeal from district court's orders granting Quiles's motion for judgment as a matter of law on his failure to reemploy claim, denying Union Pacific's motion for judgment as a matter of law, and granting attorney fees to Quiles.
Standard of review
Judgment as a matter of law is reviewed de novo; attorney fees are reviewed for abuse of discretion.
Precedential value
Published
Parties
Union Pacific Railroad Company, Incorporated v. Rodolfo A. Quiles
Disposition
reversed_and_remanded

Topics

employment lawveterans benefitssubject matter jurisdictionattorney fees

Practice areas

Employment LawMilitary Law

Questions Presented

  1. Whether the court has subject matter jurisdiction over the appeal.
  2. Whether the district court erred in granting Quiles's motion for judgment as a matter of law on his reemployment claim under USERRA.
  3. Whether the district court erred in denying Union Pacific's motion for judgment as a matter of law.
  4. Whether the district court abused its discretion in awarding attorney fees to Quiles.

Holdings

  1. The court has subject matter jurisdiction because Quiles had standing at the time of filing; a lack of damages or equitable relief does not strip jurisdiction.
  2. The district court improperly granted Quiles's JMOL motion because a reasonable jury could find that Union Pacific reemployed Quiles in accordance with the escalator position principle.
  3. The district court should have granted Union Pacific's JMOL motion because no reasonable jury could find in favor of Quiles on his reemployment claim.
  4. The district court's fee award must be vacated because Quiles is not a prevailing party; he was not entitled to judgment as a matter of law on his reemployment claim and the jury rejected all other claims.

Key quotations

Under the escalator position principle, an employer must reemploy a returning employee in a position reflecting, with reasonable certainty, the pay, benefits, seniority, and other job prerequisites the service member would have attained if not for the period of service. 20 C.F.R. § 1002.191; accord Milhauser, 701 F.3d at 272. (at 5-6)
USERRA provides for monetary damages and equitable relief for statutory violations. 38 U.S.C. § 4323. (at 6)
A district court may grant JMOL when "a party has been fully heard on an issue and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue." Fed. R. Civ. P. 50. (at 7)

Factual background

Quiles was hired as General Manager of Safety Analysis at Union Pacific, a D-band employee. He served in the Marine Corps Reserve and was deployed from May to October 2015. During his deployment, Union Pacific underwent a reduction in force and reorganization, eliminating all general manager titles and creating a new General Director position requiring five years of field experience. Upon return, Quiles was reemployed as a Director of Safety Analysis at the same D-band pay but reporting to a D-band peer instead of an executive. He viewed this as a demotion and was later terminated for insubordination.

Procedural history

Quiles sued Union Pacific under USERRA. The district court granted Quiles's motion for judgment as a matter of law on his failure to reemploy claim and denied Union Pacific's motion. The jury rejected Quiles's other claims and awarded no damages. The district court then granted Quiles's motion for attorney fees in part. Union Pacific appealed the JMOL decisions and the attorney fees order.

Remand instructions

Direct the district court to enter judgment for the defendant.

Court Document

Open PDF
Loading document…