UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994 (USERRA)
How Can Veterans Enforce Their USERRA Rights?
Veterans have different methods of enforcing USERRA rights, depending on whether their employer is a federal agency, a state agency, or a private company and whether they wish to resolve things informally, through administrative channels, or through litigation.
- Veterans who are still connected to the military, i.e., reserve and guard members and soon to be separated active duty members, can get legal advice from the nearest legal assistance office. This can be a good option in the early stages of a potential dispute. However, legal assistance officers cannot represent veterans in these disputes.
- Veterans can contact the National Committee for Employer Support of the Guard and Reserve (NCESGR), (1- 800-336-4590). NCESGR is an agency within the Office of the Assistant Secretary of Defense for Reserve Affairs with the goal of improving relations between the guard and reserve and employers. They have volunteer ombudsmen who attempt to resolve disputes between veterans and employers.
- If the informal route does not work, veterans can file complaints with the Veterans' Employment and Training Service (VETS), the agency of the U.S. Department of Labor (DOL) charged with investigating allegations of USERRA violations.
- Veterans can take an employer directly to court if they choose not to file a claim with VETS.