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https://osc.gov/Services/Pages/USERRA-FileComplaint.aspx
If you choose to file a USERRA complaint, DOL-VETS will investigate and attempt to resolve it; if efforts at resolution are unsuccessful, you may have the option of seeking representation from either OSC (if the complaint involves a federal executive agency, with certain limited exceptions) or the U.S. Department of Justice (if the complaint ...
https://www.dol.gov/agencies/vets/programs/userra/fileaclaim
Your complaint will be forwarded to a VETS office in your area. VETS has investigation and resolution authority, but limited enforcement power. An employer may decide to dispute VETS' investigative findings, or elect not to come into compliance with USERRA.
https://lawkm.com/file-userra-complaint/
Oct 20, 2016 · The language used to define USERRA is broad, allowing the law to protect returning military service more. Unfortunately, in some cases, employers do not meet USERRA employer guidelines. But if you are eligible under USERRA and your employer fails to meet USERRA guidelines, you have the right to file a USERRA complaint.
https://www.law.cornell.edu/cfr/text/20/1002.288
§ 1002.288 How does an individual file a USERRA complaint? If an individual is claiming entitlement to employment rights or benefits or reemployment rights or benefits and alleges that an employer has failed or refused, or is about to fail or refuse, to comply with the Act, ...
https://www.dol.gov/agencies/vets/programs/userra
VETS Assists Police Officer with USERRA. Law enforcement officer Brian Benvie received a promotion, retroactive seniority and back pay through his claims filed with the Veterans' Employment and Training Service under the Uniformed Services Employment and Reemployment Act.
https://www.dol.gov/agencies/vets/programs/userra/compliance
elaws Uniformed Services Employment & Reemployment Rights Act (USERRA) Advisor – Helps employees and contractors understand veterans' employee eligibility and job entitlements for reservists and National Guard returning to private employment. Allows service members to submit a USERRA complaint form electronically. Applicable Laws and Regulations
https://www.dol.gov/elaws/vets/userra/1010.asp
If Claim Concerns Discrimination under USERRA. Question 21 - If you feel that your past, present or future military obligations were used to discriminate you by your employer; please fill in the issue that best describes your complaint. If Claim Concerns Hiring, RIF, Promotion or Termination
https://www.dol.gov/agencies/vets/programs/userra/USERRA%20Pocket%20Guide
The National Committee for Employer Support of the Guard and Reserve (ESGR) is a Department of Defense agency that provides free USERRA education, consultation and, if necessary, informal mediation services. ESGR has Ombudsmen available to answer USERRA questions and respond to employment disputes related to military service.
https://webapps.dol.gov/elaws/vets/userra/ben_test.asp
NOTE: In Federal cases involving nonselection or layoffs, a person may wish to file complaints under both the USERRA and Veterans' Preference (VP) statutes. If you think that this situation applies to you, you must submit a separate complaint form for each statute …
https://www.userrarights.com/sites/default/files/documents/cunningham-v-federal-express-corp-complaint.pdf
because this action arises under USERRA, a federal law. This Court has subject matter jurisdiction over the USERRA claim pursuant to 38 U.S.C. § 4323(b)(3), which provides the district courts of the United States with jurisdiction over any USERRA action brought against a private employer.
https://blogs.orrick.com/employment/2020/01/10/five-common-mistakes-employers-make-under-userra/
Jan 10, 2020 · If an employer decides not to promote an employee who was absent for uniformed service (but did promote other similarly situated employees who were not absent), having considered military performance evaluations in making the decision would bolster the …
https://esgr.mil/USERRA/USERRA-Contact/USERRA-Support-Request/t/0
USERRA Support Request This form is intended for those who are experiencing civilian employment problems related to military obligations. ESGR is an agency of the Department of Defense which informally mediates between employers and their Guard and Reserve employees.
https://www.justice.gov/opa/pr/justice-department-files-lawsuit-against-city-chicago-enforce-userra-rights-us-army-reservist
Dec 18, 2019 · On Dec. 17, 2019, the Department of Justice filed a complaint in the U.S. District Court for the Northern District of Illinois on behalf of Captain and Judge Advocate Derrick Strong against the City of Chicago Fire Department (CFD), alleging that the City violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) when it failed to provide Strong with an opportunity ...
https://www.userrarights.com/faq
Jun 20, 2019 · How do I enforce my rights under USERRA? You have several options to enforce your rights under USERRA. They include: Hiring a private law firm that has experience with USERRA—like Outten & Golden LLP—to represent you, including by filing a complaint in federal or state court, or by negotiating a resolution with your employer. You can file an individual action or a class action.
https://osc.gov/Services/Pages/USERRA-Employer.aspx
USERRA includes guidelines for the employers of service members, such as the following: Employers cannot discriminate, but they are not required to give preferential treatment to service members. When an employee who works for the federal government is due to miss work, the employer may contact his/her military commander to explain the ...
https://www.jdsupra.com/legalnews/five-common-mistakes-employers-make-35074/
Officials at DOL’s Veterans’ Employment & Training Service (VETS)—the investigatory and enforcement arm of USERRA—have said in interviews that, in addition to tangible adverse employment ...
https://osc.gov/Services/Pages/HatchAct-FileComplaint.aspx
How to File a Hatch Act Complaint OSC is also authorized to investigate violations of the Hatch Act. 5 U.S.C. § 1216 (a)(1)(2). If OSC charges an employee with a violation of the Hatch Act, those charges are adjudicated before the Merit Systems Protection Board. 5 U.S.C. §§ 1215, 1504 – 1508, 7321 – 7326.
https://osc.gov/Services/Pages/USERRA-Employee.aspx
In addition, employees may not be retaliated against for exercising their USERRA rights, for filing a complaint under USERRA, or for assisting others in exercising their USERRA rights. For instance, if an employee believes his USERRA rights have been violated and files a complaint, the employer may not respond by firing, demoting, or otherwise ...
https://www.userrarights.com/cases
On January 17, 2014, James Michael Allman filed a class action lawsuit under the Uniformed Services Employment and Reemployment Act (“USERRA”) and the Employee Retirement Security Income Act of 1974 (“ERISA”) alleging that American Airlines and its retirement plan adopted a policy for determining and making pension contributions to pilots’ Plan accounts in a manner that did not ...
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