This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.
By Melissa L. Watkins, Esq.
When someone performs uniformed military service, certain protections are granted when it comes to their seeking and performance of civilian federal employment. Two important sources of protection for veterans are the Uniformed Services Employment and Reemployment Rights Act (USERRA) and Veterans Employment Opportunities Act (VEOA).
What is the USERRA?
USERRA is a federal law that protects military service members and veterans from employment discrimination on the basis of 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.
What is VEOA?
VEOA is a federal law that provides certain federal employees and applicants with a means of redress in the event that 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 which qualify for veterans’ preference and insight on the types of veterans’ preference.
How to File an USERRA or VEOA Claim
A federal employee claiming a violation of USERRA may file a complaint with the U.S. Department of Labor (DOL), who will investigate the complaint and attempt to resolve the issue. Federal employees who believe their USERRA rights have been violated by an agency may alternatively (and often preferred) file an appeal directly with the MSPB. While there is generally no statute of limitations on USERRA claims, it is important to file them as soon as possible because those filed more recently will generally be viewed more credibly.
Under VEOA, before an individual can file a VEOA appeal with the MSPB, she/he must first file a complaint with the Secretary of Labor. After filing a complaint with the Secretary of Labor, an individual can pursue the case at the MSPB once 60 days has passed without a decision or within 15 days of receiving written notification from the Secretary of Labor that the Secretary has been unable to resolve the complaint. Unlike with USERRA, there is a deadline for filing a VEOA complaint with the Secretary of Labor. A VEOA complaint must generally be filed with the Secretary of Labor within 60 days of the VEOA violation.
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 back-pay (both USERRA and VEOA)
- The award to a federal employee of reasonable attorney’s fees, expert witness fees, and other litigation expenses (both USERRA and VEOA)
Contact Us
Our law firm represents and advises federal employees in USERRA and VEOA appeals. If you need legal assistance regarding an USERRA or VEOA claim or another employment matter, please contact our office at (703) 668-0070 or at www.berrylegal.com to schedule a consultation.
