The Third Circuit has ruled that the family of a returning military reservist who was killed in a car accident after being required to work a late night shift in a convenience mart had no cause of action against the employer under the Uniformed Services Employment and Reemployment Rights Act of 1994.

The Court rejected the argument that the Wawa Food Markets violated USERRA by depriving Willie Gordon of an eight-hour rest period between returning home from military exercises and returning to work.

When Gordon was on his way home from weekend reserve duties in Virginia, he stopped by the store to pick up his paycheck and obtain his schedule for the upcoming week. The shift manager allegedly ordered him to work that night's late shift. The reservist complied with the order and on his drive home from work after the shift, lost consciousness and control of his car, and died as a result of injuries.

Gordon v. Wawa Inc.