labor lawAdivision of labor law center

Are you a government worker trying to return to your old job after serving in the military?

If so, you may want to know about a new USERRA regulation issued by the U.S. Department of Labor recently.

The regulation extends to government workers the right to file claims for employers’ alleged violations of the Uniformed Services Employment and Reemployment Act of 1994. The process begins with the same steps that non-governmental employees use, but the appeals procedure is different.

West Virginia USERRA posters should be updated to reflect the change.

All returning veterans begin by filing a claim with the Veterans Employment and Training ACT, or VETS, part of the Labor Department. Most of the time, VETS issues a finding in favor of the employee if the facts of the case show he or she was missing from the workplace for less than 5 years. Sometimes that eligibility is extended to 7 years. Once VETS issues a finding, most managers comply.

It’s at this point, if an appeal must be launched, that your approach is different if you’re a government or U.S. Postal Service worker. Your claim is referred to the Office of Special Counsel. The Merit Systems Protection Board reviews the claim and may award you damages. If you’re employed by a federal intelligence agency, the claim would go to the Inspector General of your agency. There is no charge to you.

For civilian employees, the path is different. After a VETS finding, workers may have their claims referred to the U.S. Department of Justice. The Justice Department sues on their behalf in a federal District Court. There are no charges to the worker. If the employer is found to have willfully violated the USERRA, the worker may be awarded damages. Even workers who bring a suit on their own may receive an awarded for attorney and expert fees along with the damage award.

The law applies to veterans as well as National Guard and Reserve members.

Accurate USERRA posters must be displayed in the workplace, by law.

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