Tammy Webster v. Mississippi Wildlife, Fisheries, and Parks, 257 So. 3d 277

Tammy Webster, a part-time MDWFP dispatcher, left for 8 months of National Guard training in 2011–2012 and timely requested reemployment on return.
MDWFP declined to renew her annual part-time dispatcher contract for 2012, citing scheduling conflicts and reduced need; Webster sued under USERRA in state court.
The bench trial found MDWFP violated USERRA’s prompt-reemployment provisions (§§ 4312–4313) and entered judgment for Webster. MDWFP did not appeal liability.
The trial court awarded $7,589 in compensatory damages (labelled incorrectly as “liquidated damages”), $2,800 in attorneys’ fees, and taxed each party with respective court costs.
Webster appealed the remedial components: scope/duration of compensatory damages, liquidated (double) damages for willfulness, reasonableness and calculation of attorney fees, and taxation of court costs.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Scope of compensatory damages (duration)	Webster: award should cover period from denial to judgment (~4.5–5.5 years) as in typical employment cases	MDWFP: annual contract not automatically renewable; USERRA requires prompt reemployment only for the next contract term	Court: Affirmed one-year award; USERRA required prompt reemployment for the 2012 contract only, so $7,589 compensates loss caused by violation
Liquidated (double) damages for willfulness	Webster: trial court should have ruled on willfulness and awarded liquidated damages if willful	MDWFP: argued willfulness not shown and relied on business-judgment defenses	Court: Reversed and remanded for explicit finding on willfulness (evidence suggested possible willfulness) and, if willful, determination of liquidated damages
Attorney fees and expenses	Webster: trial court must apply lodestar (hours × rate) and Rule 1.5 factors; trial court should have required billing evidence	MDWFP: (no cross-appeal)	Court: Reversed $2,800 award and remanded for trial court to calculate reasonable fees using lodestar and Rule 1.5 factors under Mississippi law
Taxation of court costs	Webster: USERRA prohibits taxing fees or costs against claimant	MDWFP: (no cross-appeal)	Court: Reversed trial court’s taxation of costs and remanded; USERRA forbids charging claimants court costs (38 U.S.C. § 4323(h)(1))

Petty v. Metro. Gov’t of Nashville & Davidson Cty., 687 F.3d 710 (6th Cir.) (USERRA failure-to-reemploy treated with near strict liability)
Hance v. Norfolk S. Ry. Co., 571 F.3d 511 (6th Cir.) (discussion of back-pay presumptions in employment cases)
Mace v. Willis, 259 F. Supp. 3d 1007 (D. S.D.) (distinguishing willfulness under § 4312 from discriminatory motivation)
Serricchio v. Wachovia Sec., LLC, 556 F. Supp. 2d 99 (D. Conn.) (one-year reemployment/guarantee analysis under USERRA)
Albemarle Paper Co. v. Moody, 422 U.S. 405 (U.S.) (purpose of back pay in discrimination remedies)
Collins v. Koppers, Inc., 59 So. 3d 582 (Miss.) (Mississippi application of lodestar and Rule 1.5 factors for attorney fees)
Mauck v. Columbus Hotel Co., 741 So. 2d 259 (Miss.) (trial court discretion in fixing reasonable attorneys’ fees)
Hensley v. Eckerhart, 461 U.S. 424 (U.S.) (lodestar method for attorney fees)