Operations Manual Chapter 1 20 CFR 38 USC 5 CFR

Chapter CFR 0 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 7 US Attorney General.1 General Process Step 6 Negotiation & Resolution Step 5 Investigation Step 4 Update CIP Step 3 Initial Contact w/ Employer Step 2 Initial Contact w/ Complainant Step 1 Complaint Intake

Processing Standards Complainant – 1 st 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

Tone

Keys to Note Taking 0 Date anything you write 0 Quote any statement exactly as stated 0 Recognize pertinent information 0 Write in specific, observable, measureable terms

Note Taking WHY HOW WHERE

Witness statements I 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 think 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 11 Operations Manual -- Chapter 4

Request for Assistance Telephone or Visit a) Interview Claimant –use 1010 as screening tool b) Determine if claimant is member of protected class c) Determine if there is a possible violation and claimant is entitled to some benefit d) Telephone or fax: assist in completion of 1010 e) Request copy of documents verifying eligibility f) Use of

CASE OPENING When do you open a case? What form? Immediately or? 13

Benefits and Rights?? What are possible entitlements for a claimant under USERRA? 14

Subpart E/4313 Reemployment Rights and Benefits Reemployment Positions 1. Less than 91 days 2. More than 90 days 3. Disability 4. Not qualified 5. Two or more persons return 15

Reemployment Positions Less than 91 days CFR CFR (b) More than 90 days CFR CFR (b) Disability CFR CFR (c) Not Qualified CFR CFR (b) (a)(4) 16

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 week, less X $ = 10, x $ = 6, Total of $ 3, Or 6 x = x $56.00 = Total of $

Back Wage Computation 2. 31,440 year hour 17 weeks = $10, ,560 year hour 19 weeks = 12, hour 3 days = wages 23, Bonus time = 8 months (using April –Dec) $3, Or $3,950.00/8 = a 36 wks/4 Weeks in a month = 9 months x $4, Based on Calculations entitlements could be $27, or $27,755.43

0 Discharge for cause 0 What is it and where is it? 22

USERRA 4316 Regs Regs Rights, Benefits, and Obligations of Persons Absent from Employment Due to Service in the Uniformed Services 0 Furlough and Leave of Absence 0 Senority vs. nonsenority rights 0 Waiver what?

Health Plans 4317 / 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. 24

Pension Plans 4318/ 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 25