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Filing a Claim

Employment

If you believe you have been discriminated against in employment because of your military service, you should follow the instructions below on filing a claim.

You may seek the assistance of the Employer Support of the Guard and Reserve (“ESGR”). ESGR is a Department of Defense agency that maintains an Ombudsman service program. That program provides information, counseling and informal mediation of issues relating to USERRA compliance. You may contact the ESGR about your employment situation by calling toll-free 1 (800) 336-4590.

If you choose to file a USERRA claim with the Department of Labor (DOL), you may file one of two ways - you may submit a signed hard copy of Form 1010 or electronically file. To submit a hard copy, you can download Form 1010 to your computer, complete the items on the form that are relevant to your claim, sign and date the form, and mail it to the nearest VETS office. You may also file a Form 1010 electronically via the Intranet by completing and submitting the online form. You should be aware that some courts have held that a lawsuit must be filed within a certain period of time after the alleged USERRA violation. Thus, it is important that you file with DOL or consult with a private attorney as soon as possible.

You may also retain a private attorney to handle your claim and file directly with a court of competent jurisdiction.

Financial Obligations

If you think that being called to active military service has reduced your ability to meet your financial obligations -- such as rental agreements, security deposits, prepaid rent, eviction, installment contracts, credit card interest rates, mortgage interest rates, mortgage foreclosure, civil judicial proceedings, automobile leases, life insurance, health insurance and income tax payments -- you should contact your nearest Armed Forces Legal Assistance Program office to see if the SCRA applies. Dependents of servicemembers can also contact or visit local military legal assistance offices where they reside. For more information, please consult the military legal assistance office locator for each branch of the armed forces.

Voting

The Secretary of Defense has administrative responsibilities for the Uniformed and Overseas Citizen Absentee Voting Act of 1986 (UOCAVA). Within the Department of Defense, the Secretary has assigned these responsibilities to the Federal Voting Assistance Program (FVAP). The FVAP actively monitors the voter registration and absentee voting opportunities provided to members of the Armed Forces. It works closely with the States to assure that members of the Armed Forces have a full opportunity to participate in Federal elections.

The FVAP website provides detailed information about overseas voting procedures and materials, including instructions for obtaining and using the Federal Post Card Application (FPCA) which is a postage-free postcard, printed and distributed by the FVAP for use by absentee voters covered by UOCAVA. The website also provides information about using and the Federal Write In Absentee Ballot. You can also contact the FVAP at:

Director, Federal Voting Assistance Program
Department of Defense
Washington Headquarters Services
1155 Defense
Washington, D.C. 20301-1155

E-mail: vote@fvap.ncr.gov
U.S. Toll-free: (800) 438-8683
Fax: (703) 588-0108, DSN Fax 425-0108