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Soldier's Suit Claims UPMC Fired Him Over Deployment

Shane Stadtmiller: 'I Wasn't Given A Fair Shake'

POSTED: 6:41 pm EDT July 7, 2009
UPDATED: 8:20 pm EDT July 7, 2009

A former National Guard member and current Army enlistee is suing UPMC claiming he was fired by the health plan after finding out he was going to be deployed to Iraq.

"When I was terminated, I was really taken aback. I really didn't expect that at all," said Shane Stadtmiller.

Stadtmiller -- an Army captain -- will soon resume full-time duty in Iraq.

Shane Stadtmiller

His Federal lawsuit alleges that UPMC fired him from his job as a project manager last year when he mentioned his National Guard unit was about to be deployed.

"I felt like I wasn't given a fair shake. I felt that, you know, they thought that 'Why invest any time or energy into training this guy?'" said Stadtmiller.

His attorneys, Timothy O'Brien and Andrew Stone, argue there are laws to protect soldiers' jobs, and the lawsuit is about more than seeking damages.

"Simple case -- a man in the reserves, a woman in the reserves, has a right to keep their jobs, despite the fact that they may have to go off and fight for the country," said O'Brien. "It's elementary, it makes sense. There's a federal law and a state law that prohibits employers from taking adverse action because of that, and this lawsuit says that's what happened to captain Stadtmiller."

Stone said his client wasn't given a "fair shake."

"Employers will get the right message, and that is that they can hire veterans, and the veterans can contribute. It is the right thing to do," said Stone.

Stadtmiller's lawsuit requests a jury trial.

"These guys served their country and they just want to serve their community when they come home and want to be able to share the American dream and pursue it," said Stadtmiller.

UPMC issued the following statement through Jeffrey D. Nelson, vice president of marketing, communications and product development.

"We are not aware of a lawsuit at this time, so we cannot comment on any specifics. UPMC and UPMC Health Plan have always demonstrated a strong and unwavering commitment to those who serve in the military. An enhanced military leave policy was implemented in 2002 in support of employees in the military and UPMC works closely with its returning veterans to ensure a smooth transition back to a civilian work force."



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