|
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.
|
|
|
|
