pay. D. Is Lapine Entitled to Lost Wages? In short, Lapine is entitled to receive lost wages. The VERA, sets out, in relevant part, that an employer must compensate the returning veteran “for any loss of wages or benefits suffered by reason of such employer’s unlawful action.” 38 U.S.C. § 4302. Credit must be given for the wages Lapine earned in the years he was not working for the Town, but the Supreme Court has held that courts should not consider unemployment compensation in reducing an award of back pay. That is, the Town ejudgment interest and I find that Lapine is entitled to such interest on the amount of the back pay award. Awarding him interest on his back pay will properly compensate him and make him whole. See Hembree v. Georgia Power Co., 637 F.2d 423, 429 (5 Cir., 1981) (<HOLDING>); Hanna v. American Motors Corp., 724 F.2d
holding that state pleading rule under which plaintiffs claim was dismissed denied a right of trial granted him by congress and could not be used to defeat the federal right under fela holding that the defendant was placed in official detention when two police officers approached him and told him that he was under arrest as the defendant could not reasonably have believed that he was free to leave holding the defendant was not under arrest when police asked him to go to the station and then offered him a ride because he did not have transportation holding that because it was clear that plaintiff veteran was deprived of reemployment rights explicitly granted to him by congress under the vrra the only way he can be made whole is by awarding him prejudgment interest holding that presumption that respondent exercised undue influence by preparing will that left all of the decedents property to him was amply rebutted by evidence that decedent had made an earlier will ineffective because not witnessed leaving all her property to him and had written him a letter stating that she was leaving all her property to him