A National Guard soldier is suing Sykes Enterprises, saying the company's Bismarck branch violated a federal law that guarantees soldiers their job back when they return from deployment.

Ron Vander Wal, a member of the South Dakota National Guard, was a telephone customer service technician with Sykes prior to his unit's January 2003 mobilization. His 200th Engineer Company was deployed to Iraq; it returned to South Dakota last month.

Upon his return, Vander Wal said he notified Sykes of his intent to go back to work there. He claimed he was told to submit an application, which he did. He returned to the Bismarck office a few days later, when a human resources official allegedly told him there were no positions available for him, and that other returning veterans were "in the same boat."

Vander Wal's attorney, John Gosbee, claims that violated the Uniformed Services Employment and Reemployment Rights Act of 1994. Among other things, USERRA protects soldiers' jobs while they're deployed.

"With a few caveats, basically the law is pretty clear," said Vern Fetch, of the state office of the Employer Support of Guard and Reserve. "It says when a citizen soldier goes to train or is called to active duty, the soldier's gotta go and the employer's gotta let him. And when the soldier comes back, the employer has to hire him back."

Gosbee said his client was told Sykes made layoffs on the account Vander Wal was working on. He said Vander Wal was told there were no open positions on any other accounts. However, Sykes advertised for similar customer-support positions in the April 25 Tribune.

ESGR attorney Gary Helgeson said employers are required to rehire a soldier at the position they left, or "one of like status, pay and benefits if positions like that exist in the company."

Sykes spokeswoman Andrea Burnett said the company had no comment on the lawsuit. She said Sykes had received notice of the suit, which was filed in federal court in Bismarck.

The suit specifically names Cassie Thompson, a human resources official for Sykes in Bismarck. It alleges she was part of a scheme to deny returning veterans re-employment at their rates of pay and benefits, in an effort to cut costs.

"I think what Sykes did is disgraceful and I hope they pay," Gosbee said.

The company, based in Tampa, Fla., has until May 18 to file a response.

Since the suit was filed, Vander Wal received a letter from Sykes telling him to report to work today and ask for Thompson. He intends to, Gosbee said.

In addition to getting his job back, Vander Wal wants Sykes to rehire all returning veterans at their former or equal positions. He also has asked the court to require Sykes to allocate any profits from the sale of buildings paid for by Bismarck taxpayers to a scholarship fund for returning veterans.

(Reach Tony Spilde at 250-8260 or tspilde@ndonline.com.)