Buena Vista Township Due to Military Service Discrimination Attorney

Buena Vista Township Military Service Discrimination

Legal Support for Wrongful Termination of Military Employees in Buena Vista Township, NJ

Military service members and veterans in Buena Vista Township, NJ, have legal protections against wrongful termination. If you’ve been denied time off for military service or terminated after returning from active duty, Castronovo & McKinney, LLC can provide the legal assistance you need. We represent military personnel and veterans in this area, ensuring your rights are upheld in the face of unfair employer actions.

Legal Support for Military Service Members

If you’ve been fired because of your military service or veteran status, you may have a wrongful termination case. Castronovo & McKinney, LLC is dedicated to protecting your rights and holding employers accountable for unlawful actions.

Federal Protections for Military Employees

The Uniformed Services Employment and Reemployment Rights Act (USERRA) prevents discrimination against military employees, veterans, and applicants. USERRA applies to most employers and covers all active duty, training, or service in any branch of the military. It guarantees the following rights:

  • Unpaid leave for military service
  • Job reinstatement with the same benefits and seniority
  • Protection against termination without cause for a specified period after service ends

USERRA Eligibility

To qualify for USERRA protection, you must meet these criteria:

  • Be employed in a civilian job
  • Provide reasonable notice of your military service
  • Be absent for no more than five years
  • Receive an honorable discharge
  • Apply for reinstatement within the specified time frame

Reinstatement Deadlines

Depending on the length of your military service, you must apply for reinstatement within these deadlines:

  • Service of 30 days or less: Apply on the next scheduled workday
  • Service of 31 to 180 days: Apply within 14 days after service ends
  • Service of 181 days or more: Apply within 90 days of service end

Your employer must reinstate you to the same position, with the same pay, rank, and seniority unless reinstatement would cause undue hardship for the employer. Additionally, you’re entitled to any raises, promotions, or benefits earned during your absence.

Temporary Job Protection

Even though New Jersey is an at-will employment state, USERRA provides temporary job protection for military employees:

  • Service of 181 days or more: Cannot be fired without cause for one year
  • Service of 31 to 180 days: Cannot be fired without cause for six months

New Jersey Law Against Discrimination (NJLAD)

The NJLAD offers additional protections. Employers must allow military service members to take unpaid leave for active duty in the U.S. or state military. Upon return, employees must be reinstated to their original or similar position unless it’s impossible or unreasonable. If reinstatement isn’t possible, the employer must offer an equivalent position. Like USERRA, NJLAD prohibits firing an employee without cause for one year after returning to work.

How Castronovo & McKinney, LLC Can Help

If you’ve been wrongfully terminated after military service, Castronovo & McKinney, LLC will work to protect your rights. Our firm will help you seek compensation for:

  • Lost wages
  • Lost bonuses and vacation pay
  • Lost benefits (e.g., health insurance)
  • Reputational harm
  • Pain and suffering
  • Emotional distress
  • Attorney fees and court costs

While many cases settle, we are prepared to take your case to trial to secure the compensation you deserve.

Contact Castronovo & McKinney, LLC for a Consultation

If you believe you’ve been wrongfully terminated due to your military status, we can help. Castronovo & McKinney, LLC advocates for military service members and veterans in Buena Vista Township, NJ, in wrongful termination cases. Contact us today for a consultation and let us fight for your rights.