Nathan Rogers has filed a lawsuit against Star Alliance carrier United Airlines, claiming that the airline violated his employment rights when he was in military service and not allowing the time to accumulate against employment time with the airline. The lawsuit, which has been filed in Illinois, cites violations of the Uniformed Services Employment and Reemployment Rights Act.
The claim alleges these violations hindered the officer from using protected leave to support his pregnant wife and child.. The claim is based on the absence of protection during military service and the Family and Medical Leave Act, which would allow the officer to take leave to care for family members.
First Officer Rogers Files Lawsuit Against United Airlines
According to the claim, which has been republished by Stripes, Rogers has been serving in the US Army for over a decade, and in January 2022, he also began working as a technician with United. During 2023, Rogers was selected for helicopter pilot training with the US Army, which required deployments of active duty for extended periods of time away from home.
Returning to the civilian role in late 2024, it then appears that Rogers was denied a two-week window that supported Rogers at the end of his military service, through the USERRA, and instead, United requested that he return to work immediately. This upset Rogers, as he expected to use the 14-day window to support his wife, who had been facing pregnancy complications.
When asking to use the Family and Medical Leave Act to support his wife and care for their two-year-old child, the leave request was denied. Within the claim, it is also suggested that Rogers lost seniority for specific jobs and overtime opportunities had been stripped. Rogers explained:
“I served my country and came home expecting the laws that protect service members to be honored,” Rogers said in a statement. “Instead, I felt like I had to fight for the basic protections that were supposed to allow me to return to work, support my family and bond with my newborn son. No service member should have to choose between answering the call to serve and being there for their wife and children.”
‘In April 2025, Rogers sought additional leave as his family prepared for the arrival of another child. With the impending arrival of his second son, he requested family leave again and was advised that he did not qualify, as the family leave act mandated that the employee be employed for more than a year on the job and have completed more than 1,250 hours of work.
It is outlined under the USERRA that all military leave should count towards time in employment, which then, as a result, should have meant that Rogers would be able to use the Family and Medical Leave Act. This also should have protected the seniority that Rogers had earned and afforded that he should have been able to advance in his role and military services not have interrupted his employment. Law firm Tully Rinckey and counsel for Rogers explained:
“Federal law is clear: employers cannot penalize employees for fulfilling their military obligations. Nathan Rogers answered the call to serve his country, and when he returned, he faced reduced career opportunities and was denied the protections that exist specifically to support service members and their families. This case seeks not only to make our client whole but to ensure accountability and compliance with the law.”
United Airlines is not willing to comment while the matter is pending litigation.
The situation takes a turn for the worse when the off-duty crew member accuses the passenger of ignoring them, sparking a confrontation.
Compensation For Lost Wages And Benefits, And Restoration Of Rights Sought
While the court date has not yet been scheduled, Rogers is looking to seek compensation for the lost wages and benefits he has missed out on, alongside the restoration of employment rights, retirement contributions, and other damages. It is hoped that the claim will provide compliance with federal protections for military service members and provide equitable relief.
United Airlines is the largest carrier in the United States by fleet size. The airline has in excess of 1,000 active aircraft and has the strongest international presence both across the Atlantic and the Pacific Ocean. The airline is based in Chicago, with hubs across the United States, as listed below:
For Rogers, he is hoping that this claim reminds United that they must adjust their policy to ensure the airline provides equal pay and benefits for workers on military leave.
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