U.S. DISTRICT COURT Leetonia reservist sues after being fired from job

His employer said he took part in a drill that wasn't mandatory.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A Leetonia man is suing the company that he says fired him for taking time off work to participate in a drill with the Marine Corps Reserve.
Jason Spencer and his wife, Lisa, filed the suit Tuesday in U.S. District Court against Exal Corp. of Youngstown. They're asking for a declaration that the company violated federal law by firing Spender, reinstatement to his job with backpay and unspecified monetary damages.
Brenda Oman, vice president of finance and administration for Exal, said company officials haven't seen the lawsuit and couldn't comment because it is a personnel matter.
Exal makes aluminum containers.
Spencer, 24, said he had worked as an extrusion operator at Exal for just under two years when he was fired Aug. 5. He has been a reservist with the 3rd Battalion 25th Marines, based in Akron, since 1999.
Football game drill
Spencer said he took time off work to participate in a drill with other military personnel at this summer's National Football League Hall of Fame game in Canton. He told his supervisors at work about the special detail in advance, he said.
When he returned, he was immediately summoned to the office, where company officials told him he was fired. Spencer said he was told that the termination was because the reserve detail was voluntary instead of mandatory and because he didn't provide the company with an advance letter.
"They didn't ask for a letter, and they'd never required a letter in advance before," he said.
Atty. Mark S. Colucci, who represents the Spencers, said it's against federal law to fire someone for participating in armed forces reserve activities.
"This man can't be punished for fulfilling his duty," Colucci said. "For this company to do this, leaving this man and his family in a state of financial ruin, is just shocking."
bjackson@vindy.com