Enforcement - Military Careers, military training, promotions - Army Times

Enforcement

The Uniformed Services Employment and Re-employment Rights Act has enforcement provisions. Monetary remedies usually are limited to what a reservist lost in seniority pay or status. The law also allows for reimbursement of attorney fees and other litigation expenses to successful parties.

Disputes between reservists and employers are mediated by various agencies. They include:

• National Committee for Employer Support of the Guard and Reserve. This agency, funded by the Defense Department, acts as an informal mediator for disputes between employers and employees. It relies on 3,000 volunteers in all states, the District of Columbia, Puerto Rico, Guam, the Virgin Islands and Europe. ESGR volunteers, trained specifically as ombudsmen, provide nonbinding mediation for employers and their employees who serve in the National Guard and the reserves.

More than 95 percent of disputes are resolved through this informal process.

Contact: Call ESGR at (800) 336-4590, or visit www.esgr.mil.

• Veterans Employment Training Service. Disputes that cannot be resolved by informal mediation may be investigated by the Department of Labor’s Veterans Employment Training Service. VETS, which employs 120 investigators, has authority to subpoena witnesses and documents related to an investigation. If requested by the claimant, VETS will refer unresolved claims for consideration of representation.

Federal employer cases are referred to the Office of Special Counsel. If satisfied that the claim has merit, this office may represent the claimant before the Merit Systems Protection Board.

Non-federal cases are referred to the Department of Justice for consideration of representation in U.S. district court. Claimants also may proceed on their own or with a private attorney.

VETS investigates an average of 1,100 complaints each year. Less than 10 percent are referred to the Justice Department or Office of Special Counsel.

Contact: Call VETS at (202) 693-4700 or visit www.dol.gov/vets.