NATIONAL GUARD Attorney disputes federal suit

The company says the termination had nothing to do with military service.
By HAROLD GWIN
VINDICATOR SHARON BUREAU
TRANSFER, Pa. -- An attorney for a paperboard products manufacturer accused in a federal lawsuit of illegally firing a National Guardsman called the claim "pretty preposterous."
Atty. Mike King, representing Newark Paperboard Products, which has a plant here, said there is absolutely no relationship between the termination of Michael E. McLaughlin from the company and the fact that McLaughlin is a member of the National Guard.
The U.S. Department of Justice filed a federal lawsuit against Newark on Thursday, claiming that McLaughlin's termination in August 2001 was motivated by the fact that McLaughlin is a major in the National Guard and had just returned from two weeks of military duty.
The lawsuit said McLaughlin became the full-time manager of Newark's plant here in 1998, had never been reprimanded or disciplined during his tenure with the company -- but was fired immediately after his return from military duty.
Details of suit
The suit asks that he be reinstated with full benefits and seniority, compensated for his lost wages and given damages equal to the amount of his lost wages and other benefits.
Federal law prohibits a company from discriminating against any employee with regard to hiring, retention or promotion or any benefit of employment because of the employee's past, present or future membership in a uniformed service such as the National Guard, according to United States Attorney Mary Beth Buchanan, whose office filed the suit in Pittsburgh.
King said Newark will defend its actions in court and stressed that McLaughlin's termination had nothing to do with his National Guard service.
McLaughlin had gone off on military duty a couple of other times before his termination and that had no relationship to his termination, King said, declining to discuss why McLaughlin was fired in 2001.
King did say that the person who held the manager's job before McLaughlin was a military reservist and the company has a number of other employees who are reservists as well, including one recommended for hiring by McLaughlin.
gwin@vindy.com