Military personnel and veterans in Ventnor City, NJ are protected under federal and New Jersey law from wrongful termination based on military service or veteran status. If your employer fired you, refused to reinstate you, or retaliated against you because of your military obligations, Castronovo & McKinney, LLC can help protect your rights.
Federal Protections for Service Members and Veterans
The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects members of the military, veterans, reservists, National Guard members, and individuals applying for military service from workplace discrimination. USERRA applies to all employers, regardless of company size.
The law covers service in:
- Army
- Navy
- Marine Corps
- Air Force
- Coast Guard
- National Guard
- Military Reserves
USERRA Rights and Protections
Eligible employees have the right to:
- Take unpaid leave for military service
- Return to their civilian job after military duty
- Receive the same seniority, pay, promotions, and benefits they would have earned if they had remained continuously employed
- Be protected from termination or retaliation after returning from service
To qualify for USERRA protections, employees generally must:
- Hold a civilian job before military service
- Provide advance notice to their employer when possible
- Serve no more than five cumulative years with that employer
- Receive an honorable or qualifying discharge
- Apply for reinstatement within the required deadlines
USERRA Reinstatement Deadlines
- Service of 1–30 days: report back to work by the next scheduled workday
- Service of 31–180 days: apply for reinstatement within 14 days
- Service of 181 days or more: apply within 90 days
Employers cannot deny returning service members promotions, raises, retirement contributions, or other employment benefits they would have received had their employment not been interrupted by military duty.
Protection Against Wrongful Termination
USERRA also limits when employers can terminate reinstated employees.
- Employees returning from more than 180 days of service cannot be terminated without cause for one year
- Employees returning from 31–180 days of service cannot be terminated without cause for six months
Employers must show legitimate business reasons for termination, such as documented misconduct or performance issues. Employers cannot retaliate against employees for asserting their USERRA rights, requesting reinstatement, or filing complaints.
New Jersey Military Employment Protections
The New Jersey Law Against Discrimination (NJLAD) provides additional protections for military personnel and veterans in Ventnor City, NJ.
Under New Jersey law, employers generally must:
- Reinstate employees returning from military service to the same or a comparable position
- Preserve seniority and employment rights
- Avoid discrimination based on military status or service obligations
If the original position is unavailable, employers may be required to provide a comparable role for which the employee is qualified.
Employees seeking reinstatement under New Jersey law must generally submit their request within 90 days after completing military service. Employers are also prohibited from terminating returning service members without just cause for one year after reinstatement.
How Castronovo & McKinney, LLC Can Help
Castronovo & McKinney, LLC represents military personnel and veterans in Ventnor City, NJ who were wrongfully terminated, denied reinstatement, or retaliated against because of military service obligations or veteran status.
Our firm may pursue compensation for:
- Lost wages and income
- Lost bonuses and vacation pay
- Lost healthcare and employment benefits
- Emotional distress and reputational harm
- Attorney fees and litigation costs
We work to hold employers accountable for unlawful conduct and fight to secure compensation and reinstatement when appropriate. While many wrongful termination cases resolve through settlement negotiations, our attorneys are prepared to litigate when necessary.
Contact Castronovo & McKinney, LLC
If you were wrongfully terminated in Ventnor City, NJ because of your military service or veteran status, contact Castronovo & McKinney, LLC to discuss your legal options. Our firm represents employees throughout New Jersey in wrongful termination and employment discrimination matters.