How to Seek Assistance or File a Complaint

USERRA Demonstration Project

Under a three-year Demonstration Project established by the Veterans’ Benefits Act of 2010, Pub. L. No. 111-175, OSC, rather than DOL-VETS, will investigate certain USERRA complaints involving federal executive agencies. Normally, such complaints investigated by DOL-VETS and only referred to OSC at the claimant’s request for possible representation before the MSPB (see “Further OSC Enforcement” below).

Beginning on August 9, 2011, OSC will investigate all USERRA complaints involving federal executive agencies filed by individuals –

  • whose Social Security Number (SSN) ends in an odd number (or, if a complaint does not contain a SSN, complaints assigned an odd number by the automated DOL-VETS complaint intake system), or

  • who allege a related Prohibited Personnel Practice (PPP) allegation under 5 U.S.C. § 2302(b) (regardless of SSN).

    USERRA complaints should continue to be filed with DOL-VETS (see: DOL-VETS will automatically transfer to OSC complaints covered by the Demonstration Project.

Further OSC Enforcement

Under USERRA, OSC has authority to prosecute certain USERRA complaints involving federal executive agencies before the U.S. Merit Systems Protection Board (MSPB).

For USERRA to consider providing representation before the MSPB, the following conditions must be met:

If, after reviewing the complaint and investigative file, OSC is reasonably satisfied that the claimant is entitled to relief under USERRA, OSC may act as attorney for the claimant and initiate an action before the MSPB. If OSC declines representation, the claimant may still file an appeal with the MSPB.