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Veterans' Preference

Statutory Provision

State law requires that employment preference be given to people who have served in the Armed Forces of the United States on active duty, for reasons other than training, during periods of war or any other campaign, expedition, or engagement for which a campaign badge or medal is authorized by the United States Department of Defense.

Who is Eligible?

“Veteran” means a person who served in the Armed Forces of the United States on active duty, for reasons other than training, and was discharged under other than dishonorable conditions.

“Eligible Veteran” means:

·          A veteran who has served during a period of war

·          A veteran with a service-connected disability

·          The spouse of a veteran who cannot qualify for employment because of a total and permanent service-connected disability

·          The un-remarried widow or widower of a veteran who died of a service-connected disability.

What Periods are Included?

·          December 7, 1941 through May 15, 1975

·          June 6, 1983 through December 1, 1987

·          December 20, 1989 through January 31, 1990

·          August 2, 1990 through the date approved by Congress or the President as the ending date for hostilities for the War on Terrorism.

·          Or, any other campaign, expedition or engagement for which a campaign badge or medal is authorized by the United States Department of Defense.

How to Claim Veterans’ Preference?

To claim Veterans’ Preference upon initial application, all eligible persons must complete and sign a Clerk of Court application for employment along with proof of veteran status to Human Resources before the closing date of the job posting. Proof of veteran status (DD form 214) can be attached to the employment application or faxed to the attention of Orange County Clerk of Court Human Resources at 407-836-6320.

Disabled Veterans must also provide:

Certifying documents from the Department of Defense, Veterans Administration or the Division of Veterans Affairs that the veteran has a service connected disability.

 Spouses of Disabled Veterans must also provide:

Certification from the Department of Defense or the Veterans Administration that the veteran is totally disabled, or an identification card issued by the Division of Veterans Affairs, certificate of marriage to the veteran, a statement attesting that the spouse is still married to the Veteran at the time of application and proof that the disabled veteran cannot qualify for employment because of a service connected disability.

 

Spouses of Persons on Active Duty must also provide:

Document from the Department of Defense or Veterans Administration certifying that the person on active duty is listed missing in action, captured in the line of duty or forcibly detained or interned in the line of duty by a foreign government  and a statement attesting that the spouse is married to the person on active duty at the time of application for employment.

 

Un-Remarried Widow or Widower of a Deceased Veteran must also provide:

Document from the Department of Defense or Veterans Administration certifying the service-connected death of the veteran, evidence of marriage and a statement that the spouse is not remarried.


Minimum Qualifications

An eligible veteran is entitled to preference at each stage of the hiring process; however, the preference is not absolute.

 
In order to claim Veterans’ Preference, eligible veterans must meet the minimum qualifications for the position and must be capable of performing the duties assigned to the position. The rule defines minimum qualifications to mean a specification of the kinds of experience, training, education and/or licensure or certification that provides appropriate job-related evidence that an applicant possesses the minimum required knowledge, skills, and abilities necessary to the discharge of the duties involved.

Provisions Regarding Preference

Veterans’ Preference in Perpetuity

A person eligible for Veterans’ Preference in appointment (defined by s. 295.07, FS) does not forfeit employment preference eligibility once that veteran or eligible spouse of the veteran has been employed by a state agency or any political subdivision of this state.  Effective July 1, 2007, Florida law restores Veterans’ Preference in employment for all categories of protected individuals previously employed by a state agency or any political subdivision of this state.

 Preference in Layoffs 

Where a layoff is necessitated in a covered position, similar preferences must be given to the covered employee in the retention process.

 Preference in Reinstatement or Reemployment 

When an employee in a covered position leaves employment for the purpose of serving in the armed forces, he or she is entitled to reinstatement or reemployment upon release or discharge from active military service.

 Promotion Preference 

Promotion preference applies only to a veteran's first promotion after reinstatement or reemployment, without exception.

Right to an Investigation

If you believe that your were not afforded employment preference in accordance with Section 295.07, Florida Statutes, you may file a complaint with the Division of Veterans Affairs requesting an investigation.

Complaints must be filed within 21 calendar days from the date of notification by the employer or the selection of a non-preference eligible applicant. Complaints should be filed with:

Florida Department of Veterans Affairs (FDVA)
 Mary Grizzle Building, Suite 311-K
 11351 Ulmerton Road
Largo. FL 33778-1630
 

 
© 2004 Orange County Clerk of Court.