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VETS Press Release: Veteran's Reemployment Rights Cases Declined in FY 1997 [02/19/1998]

For more information call: (202) 219-5573

For the second year in a row, the number of employment and reemployment rights cases opened on behalf of veterans, reservists, and national guard members declined, according to data made available by the U.S. Department of Labor.

The department's Veterans' Employment and Training Service (VETS), opened 1,245 new cases during the 1997 fiscal year under the Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994, 25 (2 percent) fewer than the number opened the year before. In addition, VETS continued the investigation of 223 cases opened in fiscal year 1996.

Of the cases opened in FY 1997, 900 (72 percent) involved private employers; 243 (20 percent) involved state or local governments; and 102 (8 percent) involved federal government agencies. The number of cases involving private employers dropped by three from the previous year; the number involving Federal agencies decreased by 11. Eighty percent of the cases opened (1,002) involved reservists or National Guard members.

Many of the cases involved multiple USERRA issues. Sixty-one percent of the cases involved hiring or firing, and 23 percent involved the refusal to reinstate or reemploy the individual after a period of military service or other military obligation. In addition, 32 percent of the cases involved employment discrimination because of an individual's military service obligations. USERRA prohibits all employers from discriminating in any aspect of the employment relationship--hiring, firing, reemployment, promotion, and benefits--because of an individual's past, present, or future military obligation.

VETS closed 1,261 cases in FY 1997, 80 percent of these in 90 days or less. At the end of the fiscal year, six cases remained open for more than one year. Five of those cases have since been closed. Mediation efforts by VETS staff resolved 539 USERRA claims prior to the filing of a formal complaint with the Department of Justice (DOJ). VETS recovered $546,824 in lost wages and benefits for claimants.

VETS' investigations determined that 339 complaints were without merit, and in 64 others claimants were not eligible for the benefits they sought. VETS closed 156 cases administratively because claimants did not cooperate or simultaneously pursued the same claim through another party. In addition, 107 individuals withdrew their claims.

VETS referred 54 cases to the DOJ to consider litigating. Of those cases, 21 were forwarded to United States Attorneys. Complaints were opened in district court for five claimants and three claimants were represented at trial. Claimants recovered $122,000 in lost wages and benefits resulting from Justice Department efforts.

Six cases involving federal government agencies were referred to the Office of Special Counsel (OSC). In four cases, OSC declined representation, finding that the cases lacked merit. One case was withdrawn by the claimant and the remaining case is still under review. During FY 1997, the OSC also declined representation in three cases carried over from the previous year.

VETS is expanding the availability of USERRA information to veterans and employers through the Internet. An interactive series of questions and answers deals with employee eligibility and job entitlements, employer rights and obligations, and benefits and remedies available under the law. The Internet program, called The USERRA Advisor, can be found on the Department of Labor's home page at http://www.dol.gov and clicking on the "e-laws" hot button.

VETS is also cooperating with the Office of Personnel Management (OPM) by assisting and advising federal government agencies in a review of their military leave policies.

Archived News Release--Caution: information may be out of date.