1. WELCOME
USERRA
Investigator COURSE

2. Investigator COURSE
Goals of
Training

3. GOALS OF TRAINING Standardize Procedures Improve Staff Competency
Encourage Early Resolution
Enhance Quality of Technical Assistance

4. COMPETENCIES All Participants will:
Know their role and be able to understand, utilize and implement USERRA law.
Have a knowledge of the documentation and letters utilized throughout case processing process.
Understand the case processing process.
Have an understanding of the investigation concept.
Understand case conferences and know when and how to conduct these conferences.

5. Competencies Continued
Training on how to plan and conduct an effective interview with a variety of witnesses.
Training on how to utilize a variety of communication techniques during an interview.
Training on how to write complete, relevant and accurate notes while interviewing.
Training on how to develop notes into accurate, signed witness statements at the time of the interview

6. Competencies Continued
10. Training on ethics and confidentiality for investigations in relation to basic issues of confidentiality when talking to any person involved in the investigation process
Training on how and when to negotiate in order to fairly benefit the parties involved and stay within the law
Training on how to keep information and documentation in such a fashion as to support litigation (subpoena, testimony, deposition, etc.)

7. Phase I Phase II Phase III
USERRA Distance
Phase I
Phase II
Phase III

8. Distance Learning Objectives
Phase I
Training to become more knowledgeable about “reasonable accommodation” with regard to resources, rights and application
Training on ethics and confidentiality for investigations in relation to my personal liability in doing investigation
Training on how to determine when and what information should be shared with all parties
(Cont:)
Distance Learning Objectives

9. Distance Learning Objectives
Phase I
Training on ethics and confidentiality for investigations in relation to legal requirements under the code of ethics for federal employees
Training on ethics and confidentiality for investigations in relation to my role as a public employee
(Cont:)
Distance Learning Objectives

10. Distance Learning Objectives
Phase I
6. Training to become knowledgeable about applicable laws as they apply to witnesses
Training to become knowledgeable about the information employers are required to maintain
Distance Learning Objectives

11. Distance Learning Objectives
Phase II
8. Training on how to write in a clear, accurate, legal manner in order to refer cases for litigation
9. Training on how to write letters appropriate for investigations
Distance Learning Objectives

12. Distance Learning Objectives
Phase III
Training on how to analyze documents and recognize the need for additional information
Training on how to evaluate evidence to ensure that all issues have been addressed
Distance Learning Objectives

13. Investigator COURSE
USERRA

14. USERRA OVERVIEW Subchapter I – General 4301-4304 Purpose of Congress
    Relation to other law, plans or agreements
    Definitions
   Character of Service
9/18/2018

15. USERRA OVERVIEW
Subchapter II- Employment and Reemployment Rights and Limitations; Prohibitions
       Discrimination
       Reemployment Rights
       Reemployment positions
       Reemployment Federal Government
       Reemployment of Certain Federal Agencies
       Rights, Benefits and Obligations
       Health Plans
       Pension
Rights in Foreign Countries
9/18/2018

16. USERRA OVERVIEW
Subchapter III- Procedures for Assistance, Enforcement, and Investigation
Assistance in obtaining reemployment or other employment rights
Enforcement of employment or reemployment rights
Enforcement to a state or private employer
Enforcement of rights with Federal Executive agencies
Enforcement of rights with certain Federal agencies
Conduct of investigations; subpoenas
Noncompliance of Federal officials with deadlines
9/18/2018

17. USERRA OVERVIEW Subchapter IV – Miscellaneous Provisions 4331-4335
    Regulations
    Reports
Outreach
Notice of rights and duties
Training for Federal executive agency
9/18/2018

18. Pinpointing Law: Certain Federal Agencies, not under Judicial review
Multi-employer health plan where sponsor does not provide -- it is the last employer employing
4317(a)(3)(B)(i)/
Successor-in-interest factor, similarity of jobs
4303(4)(D)(i)(IV)/
9/18/2018

19. Regulations Overview (20 CFR)
General Provisions
Subpart B –Anti-Discrimination and Anti- Retaliation
Subpart C – Eligibility for Reemployment
Subpart D – Rights, Benefits, and Obligations of Persons Absent from Employment Due to Service in the Uniformed Services
Subpart E – Reemployment Rights and Benefits
Subpart F – Compliance Assistance, Enforcement and Remedies
9/18/2018

20. Regulations Overview (5 CFR)
Subpart A – General Provisions
Subpart B – Uniformed Service
Subpart C – Compensable Injury
9/18/2018

21. Jacob works for Friends Shoe Manufacturing Company when he decides to join the military on December 18, 2014, Jacob gives notice to Friends that he is leaving to enter the military. After 4 years, Jacob returns to find that the company is now owned by Pals Jeans Manufacturing Company. As many of Friends’ employees were hired by Pals, Jacob makes proper application to Pals. Pals refuses to hire Jacob because he did not give notice to them before he went into the military and Friends did not tell them of a potential reemployment rights claim.
Scenario

22. Does VETS investigate? Successor in interest TSA Supervisor
TSA employee
Judicial employee
Post Office employee
Employer with 2 employees
Employer with 500 employees
9/18/2018

23. Does VETS Investigate? Legislative employee FAA employee
FBI, CIA employee
Hiring Hall
State Employee
Foreign Employer with branch in United States
American Company in Foreign country
9/18/2018

24. Regulations Subpart B- Anti-Discrimination and Anti-Retaliation/ USERRA section 4311
Sec – What employment actions are protected from discrimination? Sec What actions are protected from retaliation? Sec – Protects non-service members Sec – Brief non-recurring positions Sec – Burden of Proof Sec – Causal Connection

25. Case Elements for Discrimination Cases
Protected Class Member?
Adverse Employment Action?
Motivating factor or Causal Connection?
9/18/2018

26. Similarly Situated Covered under the same policy Similar circumstances
Covered within same policy timeframes
Same/Similar Decision-maker
Text
Text
Text
Text
Text
Text
Text
9/18/2018

27. Regulations Subpart C Eligibility for Reemployment/ USERRA section 4312
Notice ( to )
Cumulative Length of Service
( to )
Timely Reporting Back ( )
Character of Service (
9/18/2018

28. Regulations Subpart C Eligibility for Reemployment/ USERRA section 4312
Coverage of Employers and Positions
Sec to
Coverage of Service in the Uniformed Services
Sec to
Absences From a Position of Employment Necessitated by Reason of Service in the Uniformed Services
Sec to
9/18/2018

29. Regulations Subpart C Eligibility for Reemployment USERRA section 4312d
Employer Statutory Defenses
Changed Circumstances
Undue Hardship
Nonrecurring Position
Employer has the Burden of Proof
9/18/2018

30. USERRA Operations Manual

31. Electronic Operations Manual
276 Pages
Regulations Included (5 and 20 CFR)
Statute Included
Usability
Search Functions
Interactive
Electronic Operations Manual

33. Thumbnails
View
Navigation Pane
Select multi-view

36. Search Functions
WORD
CTRL + F

37. Zoom
CTRL + SCROLL

38. Toolbox
Interactive Links for all USERRA Investigator Resources!

39. Issue Codes and Toggle

40. LAW LAB Issue: What sections of Chapter 43? What section of REGS:
5 year limit
4312 (c) (3) & (4)
Sec & 103

41. Investigator COURSE
USERRA