How does the Department of Justice enforce USERRA?
A servicemember who seeks the Department of Justices assistance must first file a complaint with the Department of Labor (DOL). DOL will investigate the complaint, determine whether it has merit and attempt to voluntarily resolve meritorious complaints. If DOL cannot resolve a USERRA complaint, the person filing the complaint has the right to have DOL forward his or her complaint to the Department of Justice for review. The DOJ is responsible for enforcing the provisions of the USERRA against state and local government employers and private employers. If the Department of Justice takes your case, it will serve as your attorney if you work for a private employer or a local government. If you work for a state government, the Department of Justice may bring a lawsuit in the name of the United States.