Teresa Fullerton v. South King County Multi-Service Center, Inc., a Domestic Corporation

Good Law
72 F.3d 135·1995 WL 732641·1995 U.S. App. LEXIS 40699
United States Court of Appeals for the Ninth CircuitDecember 8, 199594-35871California1,649 words

Opinion

Opinion

72 F.3d 135 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Teresa FULLERTON, Plaintiff-Appellant, v. SOUTH KING COUNTY MULTI-SERVICE CENTER, INC., a domestic corporation, Defendant-Appellee. No. 94-35871. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 15, 1995. Decided Dec. 8, 1995. Before: WRIGHT, FERNANDEZ and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 This case involves a struggle between a veteran's statutory right to reemployment and an employer's interest in a qualified and competitive work force. We affirm the district court's judgment denying Fullerton relief under the Veterans' Reemployment Rights Act, 38 U.S.C. Sec. 4301 , because the court properly found that she was not qualified for her former position. 1 1. Qualification under 38 U.S.C. Sec. 4301 3 Fullerton contends that the district court erred in concluding, based on her job performance prior to enlisting in the National Guard for one year, that she was not "still qualified" or…

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