ADVICE REGARDING USERRA VIOLATIONS - CLICK HERE!
168 Days: The List
By Ken Snyder
People have been asking me just what it is that I want to see happen through the efforts that this page is still operating for -- well, here they are:
- First of all, I want Department of Labor investigators to actually investigate USERRA complaints. That means they have to do far more communication with the service member, especially face-to-face meetings - these should be required on a regular basis while the case is open. These meetings could be used to reveal information provided by the employer for cross-checking with the service member. While asking for an extension to the time limit to conclude my investigation I didn't receive what could be considered a thorough briefing of what had been done and what was planned to happen next. The information I did receive was nowhere near complete, and only later did I find this out. I understand that the investigators need to remain unbiased, but they need to be thorough - in my case, along with others I've found, this did not happen. If this had been done in my case I could have seen that there were areas that sorely needed attention.
- Next, before the investigator comes to a final determination, he should have any and all documentation in hand. Then, and only then, should he conduct a final determination meeting with the service member. This did not happen in my case.
- The service member should be presented with the case file at the final determination meeting. The process to request a FOIA copy of the case file is far too slow and inconsistent, precoius time is wasted waiting for DOL to compile and send a case file copy.
- There needs to be a procedure in place, that is effectively communicated, whereby service members can appeal the investigator's decision. In my case, had I knew how poorly the investigation was conducted I would have immediately petitioned for a review, and had plenty of evidence to back up my claim.
- In their yearly report to Congress DOL should be required to present the statistic that shows how many claims were determined by DOL to have "No Merit" BUT were taken up by private counsel AND reached a settlement. This would provide evidence that DOL was NOT doing a good job for service members.
- If DOL is unable to get the service members' employment reinstated they should be proactive with assisting the service member in locating suitable replacement employment. After Kelvington did his pathetic example of an investigation, do you know how many times he contacted me to assist with job hunting activities? NONE. He knew I was unemployed, and he worked for the Veterans EMPLOYMENT and Training Service - but couldn't be bothered to lend a hand in helping me find another job, not doing even so much as referring me to other employment assistance organizations. When I finally found suitable replacement employment the assistance came from a private agency - DOL-VETS was nowhere to be found, even Kelvington's replacements won't respond to requests for meetings.
Is this too much to ask? We're not talking about a overwhelming number of claims, considering that less than three-quarters of one percent of the entire US population is currently serving in the Armed Forces. If they (DOL) don't want to do the job, perhaps we should find an agency that does.
Next: Karma, Baby!
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