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Operations Manual
Chapter 120 CFR
38 USC
5 CFR
Chapter 1
0 20 CFR0 38 USC – Chapter 43 (Law)0 5 CFR
Complaint Processing
Step 1 – Complaint Intake
Step 2 – Contact
Complainant
Step 3 – Contact Employer
Step 4 – Update CIP
Step 5 – Start Investigat
Step 6 – Negotiation &
Resolution
Step 7 – US Attorney
General Office
Operations Manual
Chapter 2
Step 7US Attorney
General
.1 General Process
Step 6Negotiation &
Resolution
Step 5Investigation
Step 4Update CIP
Step 3Initial Contactw/ Employer
Step 2Initial Contact
w/ Complainant
Step 1Complaint
Intake
Processing Standards
Complainant – 1st 3 days
Notification Letter – 5
days
Employer – 7 days
Contact Claimant within
3 days
Complete Investigation
with 90 days
50 days ID Issues
``
Operations Manual
Chapter 2
General Guidelines and Definitions
Operations Manual
Chapter 3
USERRA: A case arises from a request for
assistance from an active duty service
member. The request for assistance
usually results from a dispute with an
employer.
Record Keeping: File maintenance, an
Investigator must keep careful well
written records of each case.
Date Stamped: All cases and records must
be date stamped to ensure accuracy.
Investigation: An investigation begins once
the claimant in convinced he or s
he is being decimated against.
USERRA: A case arises from a reque
st for assistance from an active
duty service member. The request for
assistance usually results from a dispute
ToneTrigger Words
Case Citations
Conclusions
Keys to Note Taking0 Date anything you write0 Quote any statement exactly as stated0 Recognize pertinent information0 Write in specific, observable, measureable terms
Note Taking
WHY
HOW
WHERE
Witness statementsI saw the supervisor that day… on Oct 24
talking with Jerry Smith. I overheard him say
that he was going to be looking for another
employee to replace Jerry. I thought this was
strange but I didn’t th
ink too much about it
until the next day when Jerry didn’t show
up. Of course he was stoned but that’s
besides the fact. Any who Jerry stumbled
into the office and my boss looked at him
and said “Jerry, are you high again?”
Of course he was but no one cared because
the
rest of the office also got stoned on a daily
basis. It was a good place to work except for
the stoners, which was everyone – so I fit
right in. Am I talking too much? Should
I get lawyer?”
COMPLAINT INTAKE AND CASE OPENING
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Operations Manual-- Chapter 4
Request for Assistance Telephone or Visit
a) Interview Claimant –use 1010 as screening toolb) Determine if claimant is member of protected classc) Determine if there is a possible violation and claimant is
entitled to some benefitd) Telephone or fax: assist in completion of 1010e) Request copy of documents verifying eligibilityf) Use of 1063
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CASE OPENINGWhen do you open a case?
What form?Immediately or?13
Benefits and Rights??
What are possible entitlements for a claimant under USERRA?
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Subpart E/4313 Reemployment Rights and Benefits
Reemployment Positions1. Less than 91 days2. More than 90 days3. Disability4. Not qualified5. Two or more persons return
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Reemployment PositionsLess than 91 days
1. 20 CFR 1002.1962. 5 CFR 353.207 (b)3. 4313
More than 90 days4. 20 CFR 1002.1975. 5 CFR 353.207 (b)6. 4313
Disability7. 20 CFR 1002.2268. 5 CFR 353.207 (c)9. 4313
Not Qualified10. 20 CFR 1002.19811. 5 CFR 353.207 (b)12. 4313(a)(4)
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Reemployment sections of USERRA Law:
What differences are there in section USERRA law sections 4313 and 4314 and 4315?
17
Benefits and Rights??
What are possible entitlements for a claimant under USERRA?
18
Top 5 Unobtainable Remedies
1. I want my employer to publicly apologize to me in the newspaper or on T.V.
2. I want my employer to be fired.3. I want my employer arrested at work.4. I want my employer to have to serve in
the U.S. Military, and not in the Air Force.5. $2,000,000.00
Back Wage Computation
1. 24 weeks @ 420.00 week, less 18 weeks @ 364.00
24 X $420.00 = 10,080.0018 x $364.00 = 6,552.00
Total of $ 3,528.00Or
6 x 420.00 = 2520.00 18 x $56.00 = 1008.00
Total of $ 3528.00
Back Wage Computation
2. 31,440 year 15.12 hour 17 weeks = $10,281.60 34,560 year 16.62 hour 19 weeks = 12,631.20 16.62 hour 3 days = 398.88
wages 23,311.68
Bonus time = 8 months (using April –Dec) $3,950.00Or $3,950.00/8 = 493.75 a month @ 36 wks/4Weeks in a month = 9 months x 493.75 $4,443.75
Based on Calculations entitlements could be$27,261.68 or $27,755.43
0Discharge for cause0 What is it and where is it?
22
USERRA 4316Regs. 1002.149-153Regs. 1002.210-213
Rights, Benefits, and Obligations of Persons Absent from Employment Due to Service in the Uniformed Services
0 Furlough and Leave of Absence0 Senority vs. nonsenority rights0 Waiver what?
Health Plans4317 /1002.163-171
0 Employee, upon request, entitled to continuation coverage under employer plan during absence for service up to 24 months
0 Employee may be required to pay up to 102% of total cost of continuing coverage if period of service is 31 days or more
0 If coverage is terminated during period of service, it must be reinstated immediately upon reemployment, no waiting periods.
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Pension Plans4318/1002.259-267
0 Upon reemployment, a returning service member is treated, as if employment had been continuous
0 Credit given for purposes of participation, vesting and accrual of benefits
0 USERRA applies to most pension plans, but not to the Federal Thrift Savings Plan
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