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Veteransäó» Reemployment Rights: Department of Labor and Office of Special Counsel Need to Take Additional Steps to Ensure Demonstration Project Data Integrity
Yvonne D. Jones (au)
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) protects the employment and reemployment rights of federal and nonfederal employees when they leave their employment to perform military or other uniformed service and return to civilian employment after that service. An employee or applicant for employment who believes that his or her USERRA rights have been violated may file a claim with the Dept. of Laboräó»s (DOL) Veteransäó» Employment and Training Service (VETS), which investigates and attempts to resolve the claim. Among other rights, servicemembers who meet the statutory requirements are entitled to reinstatement to the positions they would have held if they had never left their employment or to positions of similar seniority, status, and pay. If DOLäó»s VETS cannot resolve the claim and the servicemember is a federal government employee or applicant to a federal agency, DOL is to inform the claimant of the right to have his or her claim referred to the Office of Special Counsel (OSC) for further review and possible OSC representation before the Merit Systems Protection Board (MSPB) or that they may file a complaint directly with the MSPB. The Veteransäó» Benefits Act of 2010 (VBA) directed DOL and OSC to establish a second demonstration project (36-month duration) for receiving, investigating, and resolving USERRA claims filed against federal executive agencies. As in the first demonstration project, DOL and OSC each receive claims and are each authorized to investigate and seek corrective action for those claims. This report evaluates how DOL and OSC designed the demonstration project and assesses their relative performance during and after the demonstration project. Tables and figures. This is a print on demand report.
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