§353.211. Appeal rights.
5 C.F.R. § 353.211
An individual who believes an agency has not complied with the provisions of law and this part relating to the employment or reemployment of the person by the agency may—
File a complaint with the Department of Labor, as noted in § 353.210, or
Appeal directly to MSPB if the individual chooses not to file a complaint with the Department of Labor, or is informed by either Labor or the Office of the Special Counsel that they will not pursue to the case. However, National Guard technicians do not have the right to appeal to MSPB a denial of reemployment rights by the Adjutant General. Technicians may file complaints with the appropriate district court in accordance with 38 U.S.C. 4323 (USERRA).
Notes, amendments, and revision history
Amendments
[60 FR 45652, Sept. 1, 1995, as amended at 64 FR 31487, June 11, 1999]
Authority
Authority: 38 U.S.C. 4301 et. seq., and 5 U.S.C. 8151. Link to an amendment published at 91 FR 49226, Aug. 3, 2026.
Source
Source: 60 FR 45652, Sept. 1, 1995, unless otherwise noted.
Amendments
[60 FR 45652, Sept. 1, 1995, as amended at 64 FR 31487, June 11, 1999]