Appeal from the United States District Court for
the Western District of Tennessee at Memphis.
No. 2:14-cv-02057—S. Thomas Anderson, District Judge.
Argued: December 9, 2016
Decided and Filed: May 10, 2017
Before: BATCHELDER, STRANCH, and DONALD, Circuit Judges.
JANE B. STRANCH, Circuit Judge. Kenneth Savage worked as an aviation mechanic
for FedEx, while simultaneously serving as a lieutenant in the United States Naval Reserve. He
was terminated by FedEx for violating its reduced-rate shipping policy and acceptable conduct
policy. Savage brought claims against Federal Express Corporation d/b/a FedEx Express, FedEx
Corporation Employees’ Pension Plan, and FedEx Corporation Retirement Savings Plan
(collectively “FedEx”) for discrimination, retaliation, and improper benefit calculations under the
Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 431 et
seq. The district court granted summary judgment to the defendants. For the following reasons,
we AFFIRM in part and REVERSE in part the judgment of the district court.