Section 24 Remedies

• Library: Employer-Employee Law 2008

USERRA provides for injunctive relief as well as for the recovery of wages and benefits, which can be doubled in the case of a willful violation. 38 U.S.C. § 4323(d). A prevailing plaintiff may recover attorney fees, expert witness fees, and other litigation expenses, but no fees or costs may be assessed against an unsuccessful plaintiff.
Section 4323(h). A court may award prejudgment interest. Fink v. City of New York, 129 F. Supp. 2d 511, 526 (E.D.N.Y. 2001). State...