38 U.S.C. § 4325 — Enforcement of rights with respect to certain Federal agencies

FEDERAL · 38 U.S.C. · Chapter 43

Enforcement of rights with respect to certain Federal agencies

Current through Pub. L. 119-102

Title 38 — Veterans' Benefits·Ch. 43 — EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES·Subch. III

(a)This section applies to any person who alleges that—

(1)the reemployment of such person by an agency referred to in subsection (a) of section 4315 was not in accordance with procedures for the reemployment of such person under subsection (b) of such section; or

(2)the failure of such agency to reemploy the person under such section was otherwise wrongful.

(b)Any person referred to in subsection (a) may submit a claim relating to an allegation referred to in that subsection to the inspector general of the agency which is the subject of the allegation. The inspector general shall investigate and resolve the allegation pursuant to procedures prescribed by the head of the agency.

(c)In prescribing procedures for the investigation and resolution of allegations under subsection (b), the

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(a) This section applies to any person who alleges that—
(1) the reemployment of such person by an agency referred to in subsection (a) of section 4315 was not in accordance with procedures for the reemployment of such person under subsection (b) of such section; or
(2) the failure of such agency to reemploy the person under such section was otherwise wrongful.
(b) Any person referred to in subsection (a) may submit a claim relating to an allegation referred to in that subsection to the inspector general of the agency which is the subject of the allegation. The inspector general shall investigate and resolve the allegation pursuant to procedures prescribed by the head of the agency.
(c) In prescribing procedures for the investigation and resolution of allegations under subsection (b), the head of an agency shall ensure, to the maximum extent practicable, that the procedures are similar to the procedures for investigating and resolving complaints utilized by the Secretary under section 4322(d).
(d) This section may not be construed—
(1) as prohibiting an employee of an agency referred to in subsection (a) from seeking information from the Secretary regarding assistance in seeking reemployment from the agency under this chapter or information relating to the rights and obligations of employees and Federal agencies under this chapter; or
(2) as prohibiting such an agency from voluntarily cooperating with or seeking assistance in or of clarification from the Secretary or the Director of the Office of Personnel Management of any matter arising under this chapter.

38 U.S.C. § 4325 (Enforcement of rights with respect to certain Federal agencies) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

John R. Dew, on Behalf of Himself and Other Special Agents of the Federal Bureau of Investigation Listed Below Michael F. Aiesi Paul D. Allen, Jr. Kenneth Andrews Jeff Angelos David O. Bailey Thomas J. Barrett Bruce Black Peter S. Bobinski Douglas H. Brigante Robert A. Burkes Thomas J. Campbell David E. Carman David S. Cavanaugh Donald J. Cesare Ronald H. Cizmar Ronald H. Cleaver Ford W. Cole George W. Connell, III James N. Corcoran Marc J. Dallacroce Richard S. Demberger Todd v. Di Fede James E. Diaczyszyn Patrick J. Donnelly John K. Donovan Paul Doyle Roger G. Eaton Mark v. Eiler Leo Farrell Robert A. Fiatal Perry A. Forgione Raymond J. Gannon Charles W. Giannetti Terrence D. Gibson William F. Gittins Anthony R. Gordon Daniel Gorman Eric L. Graff Gary Graff Russell L. Gregory Michael P. Griffin James M. Harris Michael J. Harrison Neil D. Heiner Gregory A. Hendrickson Clifford C. Holly Johnj. Kane Jack Kelleher Philip King, III Stephen Kodak, Jr. David Kollender James M. Laverick Paul A. Le Veille Howard A. Leadbetter, II Mark B. Libman Douglas E. Linter Rodney S. Loose Wayne D. Lord Mark S. Love Patrick T. Luzio Guy L. Marangoni Robert C. Marshall Robert S. McCorkle Martin McCullough II Randy Mondor John G. Nemec Laurence H. Newton John M O'Neill Crockett W. Oaks, III Enrique Olivas David A. Palladino Charles A. Pardee Manuel Perez Jeffrey S. Pfeiffer Mark T. Post Reginald D. Powell L. Predtechenskis Alvie L. Price Charles W. Provine Peter J. Ronayne William W. Russ Richard D. Schwein, Jr. Donald C. Sheehan David R. Smith Una D. Stanton John E. Stoll Gerard A. Sullivan Quinn J. Tamm, Jr. Daniel H. Tejeda Kevin L. Theede Robert C. Thompson Richard G. Wallace Brian E. White Carlv. Wigholm Donald J. Zembiec v. United States of America Federal Bureau of Investigations, Louis Freeh, Individually, and as Director of the Federal Bureau of Investigations Michael R. Bromwich, Individually, and as the Inspector General, United States Department of Justice Janet Reno, Attorney General of the United States of America United States Department of Justice William S. Cohen, Secretary of the United States Department of Defense the United States Department of Defense

192 F.3d 366 (Second Circuit, 1999)

2 case citations

Harold Arnaldo Hernandez v. Department of Justice

(Merit Systems Protection Board, 2016)

Source Credit

History

(Added Pub. L. 103–353, §2(a), Oct. 13, 1994, 108 Stat. 3167; amended Pub. L. 104–275, title III, §311(12), Oct. 9, 1996, 110 Stat. 3336.)

Editorial Notes

Editorial Notes

Prior Provisions
A prior section 4325 was renumbered section 7625 of this title.

Amendments
1996—Subsec. (d)(1). Pub. L. 104–275 struck out ", alternative employment in the Federal Government under this chapter," before "or information relating to the rights and obligations" and substituted "employees and" for "employee and".

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment
Amendment 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.