Veteran’s Preference

Minnesota Veteran’s Preference statutes, M.S. 197.455 and 197.46

Under the laws, eligible veterans may not be involuntarily terminated from employment or demoted, except as permitted by statute. Employers must notify the veteran of their proposed termination or demotion and inform the veteran of their right to contest the termination or demotion in a formal hearing. The veteran has sixty (60) days to petition for a hearing over their proposed termination or demotion, and to provide the name, address and phone number of their selected representative. Terminations and demotions may NOT be effected until after the veteran has exercised their right to a hearing or the sixty (60) day timeline to petition has expired. Veterans remain in payroll status during the sixty (60) day period. Consistent with the statute, if the veteran chooses to appeal the termination decision, compensation continues until a final determination is made.
The statute covers all involuntary separations, including layoff and demotions, but does not include probationary non-certifications.

This provision covers all veterans employed in Minnesota who meet all of the following criteria:
∙ Are the incumbent of a classified position;
∙ Have successfully completed their probationary period;
∙ Separated under honorable conditions from any branch of the US armed forces and:
– Served on active duty for at least 181 consecutive days, or;
– Separated because of a disability incurred while serving on active duty, or;
– Have met the minimum active duty requirements as required by CFR, Title 38, Section 3.12a, or;
– Has active military service under 38 USCA Section 106, Part I, Chapter 1.

Who is not covered?
Probationary employees are not covered.
Unclassified employees are not covered.
Veterans who were not honorably separated from the U.S. armed forces are not covered.

Benefits and Protections:
Compensation: Veterans will remain in pay status until final determination of their contested termination or demotion, or their sixty (60) day timeline for an appeal expires.

Right to a Hearing:
Veterans who are notified of their proposed demotion or termination from employment may request a hearing before a neutral panel. Veterans shall remain in full pay status until their right to request a hearing expires (60 days) or the hearing is held and final determination is reached.

For more information go to:  http://www.beta.mmb.state.mn.us/doc/persl/1413.pdf

To learn more about veterans’ preference, special veteran appointing authorities, and other veteran related topics, please visit:  http://www.fedshirevets.gov.
To obtain a copy of your DD-214 from the National Archives go to:
 http://www.archives.gov/veterans/military-service-records.

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