Military personnel and veterans in Pleasantville, NJ, are protected by federal and state laws from wrongful termination. If you were fired due to your military service or veteran status, Castronovo & McKinney, LLC can represent you.
Federal Legal Protections
The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits discrimination against military members, veterans, and those seeking to join the armed forces. It applies to all employers, regardless of size, and covers service in the Army, Navy, Marine Corps, Air Force, Coast Guard, National Guard, and Reserves.
Key Rights Under USERRA
- Unpaid leave for military service.
- Reinstatement to your job with equal seniority, benefits, and pay.
- Protection from wrongful termination after returning from service.
Eligibility Requirements
- Maintain civilian employment.
- Provide reasonable notice to your employer before service.
- Serve no more than five years.
- Receive an honorable discharge.
- Request reinstatement within the required deadlines:
- Service up to 30 days: next workday.
- Service 31–180 days: within 14 days.
- Service 181+ days: within 90 days.
Reinstated employees are entitled to raises, promotions, and benefits as if their employment had not been interrupted.
Job Protection After Service
USERRA prevents employers from terminating reinstated employees without cause for a set period:
- One year for service over 180 days.
- Six months for service between 31 and 180 days.
Termination must be for valid business reasons, such as misconduct. Retaliation for asserting USERRA rights is prohibited.
New Jersey Law Protections
The New Jersey Law Against Discrimination (NJLAD) extends protections for service members. Employers must reinstate employees to the same or comparable position unless business circumstances prevent it. If the original position is unavailable, a qualified alternative must be offered.
Employees must request reinstatement within 90 days. Employers cannot terminate them without just cause for one year after returning.
How Castronovo & McKinney, LLC Can Help
Our firm represents military personnel and veterans wrongfully terminated in Pleasantville, NJ. We pursue compensation for:
- Lost wages, bonuses, and vacation pay.
- Lost benefits, including healthcare coverage.
- Damage to reputation.
- Pain, suffering, and emotional distress.
- Attorney fees and litigation costs.
Many cases settle outside court, but we are prepared to litigate. We aim to hold employers accountable and secure fair treatment for those who served.
Contact Us
If you were wrongfully terminated in Pleasantville, NJ due to your military service or veteran status, contact Castronovo & McKinney, LLC to discuss your case. We represent clients across New Jersey in wrongful termination claims.