Apr 18, 2013 2 min read

A Canonsburg physician is suing California University of Pennsylvania in Washington County Court, claiming he was fired from a part-time job there as an instructor because his military service presented a conflict with his employment.

Zackary Dawson, a doctor of physical therapy and gerontology, alleges he was let go Jan. 16 on a false claim that he faced student complaints shortly after an administrator questioned whether his “employment could continue given his military obligation,” the court record states.

Dawson, a lieutenant in the Pennsylvania Army National Guard, has taught since December 2009 in Cal U.’s Department of Health Services, the lawsuit filed Thursday shows.

He claims he received a cellphone voicemail Nov. 5 about his military service interfering with his job from Mary Hart, Cal U.’s gerontology program director, two days before he reported to duty for a month at Fort Sam Houston in Texas.

The message further stated Hart doubted “we can risk going another semester like this,” the lawsuit states. She later informed Dawson she would assume his duties at Cal U.

Hart is named as a defendant in the lawsuit along with Thomas West, chairman of the Department of Health Services.

Dawson claims he was fired after the university tendered an agreement to renew his employment as an instructor for the spring 2013 term, and that he had received excellent employment reviews.

Cal U. does not comment on pending litigation, university spokeswoman Christine Kindl said.

The three-count lawsuit charges the university with discrimination, wrongful discharge and violating the Uniformed Services Employment and Reemployment Rights Act, which protects those in civilian jobs while they are called for active duty.