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A lawsuit filed by former state veterans’ secretary John Scocos alleging his firing by the Wisconsin Board of Veterans Affairs violated state and federal law will continue, a Dane County judge has ruled.

The board dismissed Scocos in late 2009, citing mismanagement of the state’s veterans’ homes and poor communication between the secretary and board members, two months after he returned from a tour in Iraq.

State and federal law generally guarantee that upon returning from active duty, veterans can return to their old jobs and can’t be fired from them “without cause” for up to a year.

Shortly after his firing, Scocos filed his lawsuit against the state Department of Veterans Affairs and the veterans’ board in Dane County Circuit Court. Recently, Judge John Albert ruled against the state’s motion to dismiss Scocos’ allegations that the board violated his state and federal employment rights.

“I am pleased on behalf of all veterans that this case will be going forward,” Scocos said in a statement. “This decision is an important step toward ensuring that veterans in Wisconsin get the protections they have earned through their service.”

The judge, however, dismissed the former secretary’s claims that the board had violated open meeting rules. Scocos’ law firm, Troupis Law Office of Madison, has said it could re-file them in a separate case.

Scocos’ successor, Ken Black, recently resigned. Black had opposed Gov. Scott Walker’s plans for funding state veterans’ services in the 2011-13 biennium, and relations between his office and some veterans’ service organizations, such as the American Legion, had become strained.

Currently, the veterans’ secretary is appointed by the veterans’ board and serves at its pleasure. A bill pending in the state Legislature would give that authority to Walker and future governors.

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