SEATTLE -- Jerry Delay walked out of Seattle's Federal Courthouse Wednesday still waiting for justice.
He's fighting for money he was denied after fighting for our country.
"It's been a lot of stress. A lot of sleepless nights," said Delay.
When Delay returned from a two year tour of duty in Iraq and Afghanistan, his boss at Ace Heating let him go without just cause.That's forbidden by a federal law guaranteeing active duty members of the military the same job and pay as when they deployed.
KING 5 first started investigating this back in 2006 when Ace said they had to let Delay and 10 others go because the company was going under. The former employee didn't buy it then, and doesn't buy it now.
"I think they're just trying to get out of what they got themselves into in the first place," said Delay.
In 2007, Delay won a $540,000 settlement against Ace, but says he has only seen a small fraction of that.
Wednesday, an attorney for Ace Heating told a federal judge the company is bankrupt and can't pay the full amount. In fact, they want the jury's judgment decreased by $140,000.
KING 5 discovered that not long after Delay took his former boss to court, Tim Hayes opened up a different heating company in Renton.
Hayes had no comment as he left the courthouse with his attorney.
Meantime, as Delay waits for the money he's owed, he worries about the message that may be sent regarding wrongful terminations against members of the military if the judge rules against him.
"That would be saying you can declare bankruptcy and get away from any issues you've brought upon yourself with members of the military," said Delay.
Federal bankruptcy Judge Timothy Dore is expected to rule on the case in two weeks.
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