In Vega-Colon v Wyeth Pharmaceuticals, an army reserve member claimed that his employer violated the Uniformed Services Reemployment Rights Act ("USERRA") by, among other things, failing to promote him, giving him a low performance rating, and extending his performance improvement plan ("PIP"). After dismissing nearly all of his claims for lack of evidence, the federal First Circuit Court of Appeals (covering eastern states and Puerto Rico) nonetheless allowed plaintiff to pursue his claim that extending the PIP violated USERRA. While the employer purportedly extended plaintiff's PIP for continued nonperformance, the employer's own documentation showed that plaintiff had successfully completed the PIP objectives. Further, plaintiff offered evidence that a supervisor stated Vega did not pass the PIP due to his military service.