Castronovo & McKinney, LLC represents military personnel and veterans in Longport, NJ, and surrounding areas who have been wrongfully terminated due to their service. If you were fired because of your military status, our firm can help you navigate the legal protections in place to defend your rights.
Legal Protections for Military Personnel and Veterans
Under federal law, specifically the Uniformed Services Employment and Reemployment Rights Act (USERRA), military members, veterans, and individuals seeking to join the armed forces are protected from discrimination in the workplace. USERRA 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 Protections Under USERRA
- Unpaid leave for military service.
- Reinstatement to your job with the same seniority, benefits, and pay.
- Protection against wrongful termination for a period after returning from service.
Eligibility for Protection
You must meet the following criteria to be eligible for USERRA protections:
- Maintain civilian employment.
- Provide reasonable notice to your employer before military service.
- Serve for five years or less.
- Receive an honorable discharge.
Requesting Reinstatement
Once you return from service, you must request reinstatement within the following deadlines:
- Service up to 30 days: Request reinstatement the next workday.
- Service between 31 and 180 days: Request reinstatement within 14 days of return.
- Service over 181 days: Request reinstatement within 90 days of return.
Upon reinstatement, you are entitled to raises, promotions, and benefits you would have earned if your employment had not been interrupted.
Job Protection After Service
USERRA also guarantees job protection after reinstatement. Employers cannot terminate employees without just cause for a specific period following their return from service:
- One year of protection for service over 180 days.
- Six months of protection for service between 31 and 180 days.
Any termination must be based on valid business reasons such as misconduct or policy violations. Retaliation for asserting USERRA rights is prohibited.
New Jersey Law Protections
The New Jersey Law Against Discrimination (NJLAD) further protects military service members. It mandates that employers reinstate employees to the same or a comparable position unless business circumstances prevent it. If the original role is unavailable, a qualified alternative must be offered. Employees must request reinstatement within 90 days of their return from service.
Employers cannot terminate employees without just cause for one year after their return to work.
How Castronovo & McKinney, LLC Can Help
At Castronovo & McKinney, LLC, we assist service members and veterans who were wrongfully terminated due to their military service. We fight for 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.
While many cases settle outside of court, we are prepared to litigate when necessary. Our goal is to hold employers accountable and secure fair treatment for those who have served.
Contact Castronovo & McKinney, LLC
If you believe your termination in Longport, NJ, violated your rights as a military member or veteran, contact Castronovo & McKinney, LLC to discuss your case. We represent clients across New Jersey in wrongful termination claims.
