USERRA Advisor

Remedies to a claimant under the law may flow from two different processes. The first is the administrative route (handled by the United States Department of Labor, VETS). The second is the litigation route (handled by the U.S. Attorney General or the Office of Special Counsel). Remedies may differ depending on which route is chosen.

Remedies available through the administrative route can include:

• Return to a job
• Back pay
• Lost benefits
• Corrected personnel files
• Lost promotional opportunities
• Retroactive seniority
• Pension adjustments
• Restored vacation

The courts can require the employer to comply with the law and restore all compensation referred to above. Where violation is considered willful the court may double any amount due as liquidated damages. The court may NOT, however, impose any punitive damages under USERRA. See 20 CFR Part 1002.312 and 20 CFR Part 1002.313.

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