USERRA Advisor

The law provides that reemployment is not required where the position left to enter the service was for a brief and nonrecurrent period and which could not reasonably be expected to continue indefinitely or for a significant period. See 20 CFR Part 1002.139.

Under Section 4312(d)(2)(C) of USERRA, the employer has the burden of PROVING (not simply asserting) the impossibility or unreasonableness, undue hardship, or the brief, nonrecurrent nature of the employment, without a reasonable expectation of continuing indefinitely or for a significant period. See 20 CFR Part 1002.139.

If more information is needed, contact your local VETS office. 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 non-selection 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.