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Compliance Assistance Resources

elaws - employment laws assistance for workers and small businesses

- USERRA Advisor

Generally, an employer must allow an individual absent for uniformed service to bid or apply for a promotion that the person would have bid or applied for but for his or her absence. As a general rule, if a returning employee would have, with reasonable certainty, been promoted but for his or her absence for uniformed service, then the employee should receive the promotion on return. The fact that another employee may have been selected and is currently occupying the position does not deprive the returning service member of placement in the position. See 20 CFR Part 1002.193.

Call your local VETS office for help with specific cases. If you think your situation warrants a complaint, please review the instructions on how to file a complaint form. You will find a link to the form on the instructions page. The Veterans' Employment and Training Service will investigate complaints and attempt to resolve them. Persons whose complaints against non-Federal employers are not resolved by VETS may request that their complaints be submitted to the Attorney General for possible representation in Federal court. Unresolved complaints against Federal employers will, upon request, be referred to the Office of Special Counsel for possible representation before the Merit Systems Protection Board.

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 allegedly violated (i.e., one for USERRA and one for VP). When this situation occurs, VETS will open two separate cases for investigation.

Please return to the Main Menu for more information on USERRA.