USERRA § 4312(a) provides that any person absent from their employment is entitled to be reemployed so long as (1) they have given advance written or verbal notice of military service, (2) the cumulative length of leave does not exceed five years, (3) they serve honorably, and (4) they submit an application for reemployment.

Plaintiff is a member of the Army Reserves and was employed by MPB Group as a remote therapist. During his employment, when Plaintiff received active duty orders on July 25, 2024, he provided advanced notice to MPB Group of his military leave to perform his military service requirements with the U.S. Army.

After being on active duty for 93 days, Plaintiff informed MPB Group’s Human Resources Manager that he returned from military service. Instead of reemploying Mr. Akpa, 19 days later, Plaintiff received a termination letter from the CEO of MPB Group.

The lawsuit alleges that MPB Group violated USERRA by denying Plaintiff’s request to be reemployed and terminating his employment after he returned from active duty.

The Complaint was filed on January 16, 2025 in the Maryland District Court. The Amended Complaint was filed on June 17, 2025. The Court denied defendant’s motion to dismiss on March 09, 2026.

Discovery is currently ongoing.

Order Denying Motion to Dismiss – March 9, 2026

Amended Complaint for Violations of USERRA – June 17, 2025