John C. Leisek v. Brightwood Corporation, an Active Oregon Corporation

John C. Leisek appeals from the district court’s grant of summary judgment in favor of Brightwood Corporation (“Brightwood”) on Leisek’s claims under the Uniformed Services Employment and Reemployment Rights Act of 1994 (“US-ERRA”), 38 U.S.C. §§ 4301-4333 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm in part, reverse in part, and remand.

I. BACKGROUND

Leisek was a full-time employee of Brightwood from December 10, 1991, until the effective date of the termination of his employment, July 3, 1996, last holding the position of quality assurance inspector. He was also a member of the Oregon National Guard (the “Guard”) at all times during his employment with Brightwood. Leisek owned and operated a hot-air balloon that had the National Guard insignia on it. Starting in 1995, he attended various events around the country, using the balloon as a recruiting and promotional tool for the National Guard. He designated his balloon program “H.A.B.I.T.” (Hot Air Balloon Interaction Team).

Throughout the spring and summer of 1996, Leisek received several written orders to perform temporary active duty by attending and participating in ballooning events for the…