The Justice Department has filed the lawsuit on behalf of Dany Felix of Suisun City.
Felix left his state job as a technical assistant at the California Medical Facility in Vacaville when he was called to active duty.
But Terry Thornton with the California Department of Corrections and Rehabilitation says the agency has followed the law.
“The California Department of Corrections and Rehabilitation has not been served with this lawsuit. However our department is committed to complying with all laws and that includes the Uniformed Services Employment and Reemployment Rights Act of 1994.”
According to the lawsuit, state prison officials told Felix they couldn’t re-employ him because of the physical injuries he sustained while on active duty. That’s something employers are not allowed to do under federal law. The suit was filed in US District Court in Sacramento.