How to Seek Assistance or File a Complaint

Filing a Complaint

If you believe your USERRA rights may have been violated, you may file a formal complaint with the U.S. Department of Labor, Veterans Employment & Training Service (DOL-VETS)(1-866-487-2365):

  • The DOL-VETS USERRA complaint form, VETS-1010, and instructions for completing and submitting it, are available at:

  • http://www.dol.gov/elaws/vets/vetpref/1010.htm

  • The contact information for your local DOL-VETS office is available at:

  • http://www.dol.gov/vets/aboutvets/contacts/main.htm

    IMPORTANT NOTE: Beginning on August 9, 2011, under a three-year Demonstration Project established by the Veterans’ Benefits Act of 2010, OSC (rather than DOL-VETS) will investigate certain USERRA complaints involving federal agencies. For further information, please see USERRA Demonstration Project. However, USERRA complaints should still be filed with DOL-VETS, as described above.

    If you choose to file a USERRA complaint, DOL-VETS (or OSC) will investigate and attempt to resolve it; if efforts at resolution are unsuccessful, you may have the option of seeking representation from either OSC (if the complaint involves a federal executive agency, with certain limited exceptions) or the U.S. Department of Justice (if the complaint involves a state, local, or private employer).

    At various stages before and during the complaint process, you may also have the option of filing an action with the U.S. Merit Systems Protection Board (MSPB) (if the complaint involves a federal executive agency, with certain limited exceptions) or in federal or state court (if the complaint involves a state, local, or private employer).