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Title 38 — Veterans' BenefitsRelease 119-73

§4322 Enforcement of employment or reemployment rights

Title 38 › Part PART III— - READJUSTMENT AND RELATED BENEFITS › Chapter CHAPTER 43— - EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES › Subchapter SUBCHAPTER III— - PROCEDURES FOR ASSISTANCE, ENFORCEMENT, AND INVESTIGATION › § 4322

Last updated Apr 6, 2026|Official source

Summary

If a person believes they have a right to a job or rehire under this chapter and their employer is not following the rules, the person can file a written complaint with the Secretary. The complaint must follow the form the Secretary sets, give the employer’s name and address, and briefly say what went wrong. Within 5 days of getting the complaint, the Secretary must tell the person in writing what rights they have and, if asked, help explain the complaint to the person and, when helpful, to the employer. The Secretary will look into every complaint and try to get the employer to follow the law. If the problem is not fixed, the Secretary must tell the person the investigation results and how to take further steps under section 4323 (for State or private employers) or section 4324 (for Federal agencies or the Office of Personnel Management). The Secretary must finish the investigation and give this notice within 90 days. This does not cover Thrift Savings Plan benefits under title 5.

Full Legal Text

Title 38, §4322

Veterans' Benefits — Source: USLM XML via OLRC

(a)A person who claims that—
(1)such person is entitled under this chapter to employment or reemployment rights or benefits with respect to employment by an employer; and
(2)(A)such employer has failed or refused, or is about to fail or refuse, to comply with the provisions of this chapter; or
(B)in the case that the employer is a Federal executive agency, such employer or the Office of Personnel Management has failed or refused, or is about to fail or refuse, to comply with the provisions of this chapter,
(b)Such complaint shall be in writing, be in such form as the Secretary may prescribe, include the name and address of the employer against whom the complaint is filed, and contain a summary of the allegations that form the basis for the complaint.
(c)(1)Not later than five days after the Secretary receives a complaint submitted by a person under subsection (a), the Secretary shall notify such person in writing of his or her rights with respect to such complaint under this section and section 4323 or 4324, as the case may be.
(2)The Secretary shall, upon request, provide technical assistance to a potential claimant with respect to a complaint under this subsection, and when appropriate, to such claimant’s employer.
(d)The Secretary shall investigate each complaint submitted pursuant to subsection (a). If the Secretary determines as a result of the investigation that the action alleged in such complaint occurred, the Secretary shall attempt to resolve the complaint by making reasonable efforts to ensure that the person or entity named in the complaint complies with the provisions of this chapter.
(e)If the efforts of the Secretary with respect to any complaint filed under subsection (a) do not resolve the complaint, the Secretary shall notify the person who submitted the complaint in writing of—
(1)the results of the Secretary’s investigation; and
(2)the complainant’s entitlement to proceed under the enforcement of rights provisions provided under section 4323 (in the case of a person submitting a complaint against a State or private employer) or section 4324 (in the case of a person submitting a complaint against a Federal executive agency or the Office of Personnel Management).
(f)Any action required by subsections (d) and (e) with respect to a complaint submitted by a person to the Secretary under subsection (a) shall be completed by the Secretary not later than 90 days after receipt of such complaint.
(g)This subchapter does not apply to any action relating to benefits to be provided under the Thrift Savings Plan under title 5.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 4322 was renumbered section 7622 of this title.

Amendments

2008—Subsec. (c). Pub. L. 110–389, § 311(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Secretary shall, upon request, provide technical assistance to a potential claimant with respect to a complaint under this subsection, and when appropriate, to such claimant’s employer.” Subsec. (e). Pub. L. 110–389, § 311(b), inserted “in writing” after “submitted the complaint” in introductory provisions. Subsecs. (f), (g). Pub. L. 110–389, § 311(c), added subsec. (f) and redesignated former subsec. (f) as (g). 1996—Subsec. (d). Pub. L. 104–275, § 311(9)(A), inserted “attempt to” before “resolve”. Subsec. (e). Pub. L. 104–275, § 311(9)(B)(i), substituted “with respect to any complaint filed under subsection (a) do not resolve the complaint,” for “with respect to a complaint under subsection (d) are unsuccessful,” in introductory provisions. Subsec. (e)(2). Pub. L. 104–275, § 311(9)(B)(ii), inserted “or the Office of Personnel Management” after “Federal executive agency”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–275 effective Oct. 13, 1994, see section 313 of Pub. L. 104–275, set out as a note under section 4301 of this title.

Effective Date

Section effective with respect to reemployments initiated on or after the first day after the 60-day period beginning Oct. 13, 1994, with transition rules, except that provisions necessary for implementation of section 4311 of this title are effective Oct. 13, 1994, see section 8 of Pub. L. 103–353, set out as a note under section 4301 of this title.

Reference

Citations & Metadata

Citation

38 U.S.C. § 4322

Title 38 — Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73