Castronovo & McKinney, LLC is committed to protecting the rights of military service members and veterans facing wrongful termination. If you’ve been denied unpaid time off for military service or fired after returning from active duty in Absecon, NJ, our firm can assist you.
Your service deserves respect. If your employer terminated you due to your military service or veteran status, you may have a valid wrongful termination case. We will advocate for your rights with the dignity you deserve. Contact us today for a consultation.
How Federal Laws Protect Military Employees Against Wrongful Termination
The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits discrimination against military employees, veterans, and applicants for uniformed services in New Jersey and nationwide. This law applies to nearly all employers, regardless of size, and covers service in any branch of the military, including the Army, Navy, Marine Corps, Coast Guard, National Guard, and Reserves.
USERRA grants several important rights to eligible employees:
- The right to take unpaid leave for military service
- The right to be reinstated to the same job with equivalent benefits and seniority
- The right not to be terminated without cause for a specified period
To qualify for these protections, you must:
- Hold a civilian job
- Provide reasonable notice of military leave
- Be away for five years or less
- Receive an honorable discharge
- Apply for reinstatement in a timely manner
Reinstatement deadlines vary based on the length of service:
- 30 days or less: apply on the next scheduled workday
- 31 to 180 days: apply within 14 days after service
- 181 days or more: apply within 90 days of service completion
Returning service members must be offered a position with the same pay, rank, and seniority unless significant changes make this unreasonable. They are also entitled to raises, promotions, or benefits they would have received if employed continuously.
Temporary Job Protection for Service Members and Veterans
New Jersey is an at-will employment state, allowing termination with or without cause. However, under USERRA, employers cannot fire reinstated military employees without cause for specified periods:
- One year for employees serving 181 days or more
- Six months for employees serving between 31 and 180 days
Termination “with cause” requires a legitimate business reason, such as misconduct. USERRA also prohibits any discrimination against military service members and veterans regarding hiring, training, or other employment terms, as well as retaliation against those exercising their rights.
New Jersey Law Against Wrongful Termination
The New Jersey Law Against Discrimination (NJLAD) allows employees to take unpaid leave for active military service. Employers must reinstate returning employees to the same or a similar position unless circumstances have changed significantly. If reinstatement to the same position isn’t feasible, employers must offer any available job the employee qualifies for.
Employees must apply for reinstatement within 90 days of service. Employers cannot terminate reinstated employees without cause for one year after their return.
How Castronovo & McKinney Can Help
At Castronovo & McKinney, we are dedicated advocates for military service members and veterans. If you’ve been wrongfully terminated after service, you have the right to seek compensation. Our attorneys will manage your claim, pursuing damages such as:
- Lost wages
- Lost bonuses and vacation pay
- Value of lost benefits, such as 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 if necessary. You can trust us to protect your rights throughout the legal process.
Contact Our Experienced Wrongful Termination Attorneys
Wrongful termination based on military and veteran status is unlawful, yet employers often have the upper hand in these situations. Our employment lawyers will fight to hold your employer accountable and secure the compensation you deserve. Reach out to us today for a consultation.
Castronovo & McKinney, LLC represents military service members and veterans in wrongful termination claims throughout New Jersey.