Rademacher v. HBE Corp., 645 F.3d 1005

Rademacher was hired as a pilot for HBE in 2001; he later joined the Air Force Reserve in 2003 and planned to reserve duty, informing management through colleagues rather than directly Kummer.
HBE granted Rademacher monthly reserve leaves from 2003 to 2006 and reinstated him upon each return, with occasional scheduling adjustments for contract pilots.
In 2005–2006, Rademacher and Kummer disputed flight-safety issues; Kummer warned that if Rademacher did not want to work for him, he could quit.
Late 2005/early 2006, Rademacher planned to relocate to Texas; his wife moved, their Missouri home was put on the market, and Rademacher prepared letters reflecting intent to resign and report unsafe practices.
In August 2006, after a six-to-eight week jet maintenance period was planned, Kummer discharged Rademacher; Rademacher recorded the discharge meeting and later discussions with Bain.
Unemployment records later indicated the discharge was for unsatisfactory work, but those records were corrected to show involuntary termination; Rademacher filed suit in August 2008 seeking USERRA protection.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was USERRA membership a motivating factor in discharge?	Rademacher argues military service motivated discharge.	HBE contends conduct-based, not protected-status-based discharge.	No genuine issue; HBE did not discharge due to service.
Was the discharge for cause under USERRA § 4316(c)(2) based on conduct?	Rademacher contends conduct was not a valid USERRA cause.	HBE shows conduct that a fair-minded employer could discharge for, with notice.	HBE established conduct-based, non-arbitrary cause and notice; discharge upheld.

Maxfield v. Cintas Corp. No. 2, 427 F.3d 544 (8th Cir. 2005) (USERRA must be broadly construed in favor of veterans)
Lisdahl v. Mayo Found., 633 F.3d 712 (8th Cir. 2011) (interpretation of USERRA protections)
Sheehan v. Dep't of Navy, 240 F.3d 1009 (Fed. Cir. 2001) (factors for showing discriminatory motivation)
Keserich v. Carnegie-Illinois Steel Corp., 163 F.2d 889 (7th Cir. 1947) (just cause may be non-legal but fair-minded)
Hillman v. Ark. Highway & Transp. Dep't, 39 F.3d 197 (8th Cir. 1994) (conduct-based discharge must be fair to veteran)
Carter v. United States, 407 F.2d 1238 (D.C. Cir. 1968) (just cause standard in discharge)
Staub v. Proctor Hosp., 131 S. Ct. 1186 (Supreme Court 2011) (hostility toward military obligations may support liability)