§ 1002.303 Is an individual required to file his or her complaint with VETS?
§ 1002.304 If an individual files a complaint with VETS and VETS’ efforts do not resolve the complaint, can the individual pursue the claim on his or her own?
§ 1002.305 What court has jurisdiction in an action against a State or private employer?
§ 1002.306 Is a National Guard civilian technician considered a State or Federal employee for purposes of USERRA?
§ 1002.307 What is the proper venue in an action against a State or private employer?
§ 1002.308 Who has legal standing to bring an action under USERRA?
§ 1002.309 Who is a necessary party in an action under USERRA?
§ 1002.310 How are fees and court costs charged or taxed in an action under USERRA?
§ 1002.311 Is there a statute of limitations in an action under USERRA?
§ 1002.312 What remedies may be awarded for a violation of USERRA?
§ 1002.313 Are there special damages provisions that apply to actions initiated in the name of the United States?
§ 1002.314 May a court use its equity powers in an action or proceeding under the Act?

Terms Used In CFR > Title 20 > Chapter IX > Part 1002 > Subpart F > Enforcement of Rights and Benefits Against a State or Private Employer

  • affected source: as used in this part , is separate and distinct from any other use of that term in EPA regulations such as those implementing title IV of the Act. See 40 CFR 63.2
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.