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

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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?

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Benefits and Rights??

What are possible entitlements for a claimant under USERRA?

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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?

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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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