---
kind: "section"
citation: "38 U.S.C. § 4322"
title: "38"
title_heading: "Veterans’ Benefits"
number: "4322"
heading: "Enforcement of employment or reemployment rights"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/4322"
units:
  - "Part III — Readjustment and Related Benefits"
  - "Chapter 43 — Employment and Reemployment Rights of Members of the Uniformed Services"
  - "Subchapter III — Procedures for Assistance, Enforcement, and Investigation"
---

# §4322. Enforcement of employment or reemployment rights

- (a) A person who claims that—
  - (1) such person is entitled under this chapter to employment or reemployment rights or [benefits](/usc/38/4303.md?p=2) with respect to employment by an [employer](/usc/38/4303.md?p=4-A); and
  - (2)
    - (A) such [employer](/usc/38/4303.md?p=4-A) 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](/usc/38/4303.md?p=4-A) is a [Federal executive agency](/usc/38/4303.md?p=5), such [employer](/usc/38/4303.md?p=4-A) 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,

  may file a complaint with the [Secretary](/usc/38/4101.md?p=8) in accordance with [subsection (b)](#b), and the [Secretary](/usc/38/4101.md?p=8) shall investigate such complaint.

- (b) Such complaint shall be in writing, be in such form as the [Secretary](/usc/38/4101.md?p=8) may prescribe, include the name and address of the [employer](/usc/38/4303.md?p=4-A) 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](/usc/38/4101.md?p=8) receives a complaint submitted by a person under [subsection (a)](#a), the [Secretary](/usc/38/4101.md?p=8) shall notify such person in writing of his or her rights with respect to such complaint under this section and section [4323](/usc/38/4323.md) or [4324](/usc/38/4324.md), as the case may be.
  - (2) The [Secretary](/usc/38/4101.md?p=8) 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](/usc/38/4303.md?p=4-A).
- (d) The [Secretary](/usc/38/4101.md?p=8) shall investigate each complaint submitted pursuant to [subsection (a)](#a). If the [Secretary](/usc/38/4101.md?p=8) determines as a result of the investigation that the action alleged in such complaint occurred, the [Secretary](/usc/38/4101.md?p=8) shall attempt to resolve the complaint by making [reasonable efforts](/usc/38/4303.md?p=10) 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](/usc/38/4101.md?p=8) with respect to any complaint filed under [subsection (a)](#a) do not resolve the complaint, the [Secretary](/usc/38/4101.md?p=8) shall notify the person who submitted the complaint in writing of—
  - (1) the results of the [Secretary](/usc/38/4101.md?p=8)’s investigation; and
  - (2) the complainant’s entitlement to proceed under the enforcement of rights provisions provided under [section 4323](/usc/38/4323.md) (in the case of a person submitting a complaint against a [State](/usc/38/4101.md?p=6) or private [employer](/usc/38/4303.md?p=4-A)) or [section 4324](/usc/38/4324.md) (in the case of a person submitting a complaint against a [Federal executive agency](/usc/38/4303.md?p=5) or the Office of Personnel Management).
- (f) Any action required by subsections [(d)](#d) and [(e)](#e) with respect to a complaint submitted by a person to the [Secretary](/usc/38/4101.md?p=8) under [subsection (a)](#a) shall be completed by the [Secretary](/usc/38/4101.md?p=8) not later than 90 days after receipt of such complaint.
- (g) This subchapter does not apply to any action relating to [benefits](/usc/38/4303.md?p=2) to be provided under the Thrift Savings Plan under title 5.

## Source credit

(Added Pub. L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3164; amended Pub. L. 104–275, title III, § 311(9), Oct. 9, 1996, 110 Stat. 3335; Pub. L. 110–389, title III, § 311(a)–(c), Oct. 10, 2008, 122 Stat. 4162.)

## Notes

### 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 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.