USERRA and VEOA Lawyers

What is USERRA?

USERRA is a federal law that protects military service members and veterans from employment discrimination based on their service, allows them to regain their civilian jobs following a period of uniformed service, and ensures that they are not disadvantaged in their civilian careers because of their military service. USERRA applies to members of the Armed Forces, Reserves, National Guard, and other “Uniformed Services” (including the National Disaster Medical System and the Commissioned Corps of the Public Health Service).

What is VEOA?

VEOA is a federal law that provides certain federal employees and applicants with a means of redress if a federal executive agency violates the employee’s or applicant’s veterans’ preference rights. The Office of Personnel Management’s VetGuide provides a comprehensive list of campaigns and expeditions that qualify for veterans’ preference. The law covers any violation of an individual’s rights under any statute or regulation relating to veterans’ preference. In some cases, it can be challenging to determine what statutes and regulations relate to veterans’ preferences. Some common examples of veterans’ preference rights include:

• The application of preference for a veteran candidate over other applicants for federal civil service jobs.
• Veterans are protected from being laid off during reductions in force (RIFs).
• Veterans may be considered for special noncompetitive appointments for which they are only eligible.

How to File a USERRA or VEOA Claim

A federal employee claiming a federal agency violation of USERRA may file a complaint with the U.S. Department of Labor (DOL), which will investigate the complaint and attempt to resolve it if the DOL investigation reveals that the federal Agency may have violated USERRA. Federal employees who believe an agency has violated their USERRA rights may alternatively (often preferred) file an appeal directly with the MSPB. However, if the federal employee first files a USERRA appeal with the DOL, she/he may not file a USERRA appeal with the MSPB until the DOL notifies them that they could not resolve their complaint. While there is generally no statute of limitations on USERRA claims, filing them as soon as possible is essential because those filed more recently will typically be viewed more credibly.

VEOA Complaint Process

The VEOA complaint process varies from the USERRA process. Before an individual can file a VEOA appeal with the MSPB, she/he must first file a complaint with the Secretary of Labor. Significantly, this process differs from USERRA because, under USERRA, the individual can go straight to the MSPB. After filing a complaint with the Secretary of Labor, an individual can pursue the case at the MSPB once one of two things happens:

• 60 days pass after filing the complaint with the Secretary of Labor if the Secretary of Labor has not resolved the complaint, even if no decision has yet been made; OR
• The individual receives written notification from the Secretary of Labor that the Secretary has been unable to resolve the complaint. Under this second option, the individual must file with the MSPB within 15 days of receiving the letter from the Secretary of Labor.

It is also essential to remember that, unlike USERRA, there is a deadline for filing a VEOA complaint with the Secretary of Labor. The complaint must be filed within 60 days of the VEOA violation. It is important to retain legal counsel on these claims, as strategy varies from case to case.

Examples of USERRA and VEOA Violations

• USERRA: A federal employee has military orders to join her military unit, and the deployment comes at an inconvenient time for the Agency or supervisor. As a result, the supervisor takes direct or indirect action to discipline the federal employee;
• USERRA: A federal employee returns from military deployment and is given a lower-paying or lower-graded position upon return from military service;
• USERRA: A federal employee is terminated in their probationary period because their supervisor finds out that they will be out of the office for some time on deployment and wants to hire someone else without the obligation;
• USERRA: A federal employee is disciplined as a result of raising military service issues with a manager;
• VEOA: A preference-eligible veteran is not provided with the correct amount of veterans’ preference points during an application process;
• VEOA: An Agency retains a non-preference-eligible employee during a RIF but reassigns the preference-eligible veteran without proper justification or
• VEOA: An employee is denied the right to compete for a position where the Agency considers individuals outside its workforce under merit promotion procedures.

Remedies for USERRA or VEOA Violations

If successful in an MSPB case based on either USERRA or VEOA, the following types of remedies are often available:

• Correction of any unlawful employment action taken or not taken (USERRA);
• Ordering the Agency to comply with the statute or regulation that was violated (VEOA);
• Repayment of any loss of wages or backpay (both USERRA and VEOA); and
• The award to a federal employee includes reasonable attorney’s fees, expert witness fees, and other litigation expenses (USERRA and VEOA).

Contact Paul N Jones Law Firm Today

Our law firm represents and advises federal employees in USERRA and VEOA appeals. Please contact our office today if you need legal assistance regarding a USERRA or VEOA claim or another employment matter.