Federal and New Jersey laws protect military service members and veterans from wrongful termination in Bergen County, NJ. If your employer fired you because of your military service, reserve obligations, or veteran status, Castronovo & McKinney, LLC can help you protect your rights.
Military service should never cost you your job. Employers cannot terminate, discriminate against, or retaliate against employees because of their military obligations. Our attorneys represent service members and veterans throughout Bergen County, NJ, pursuing compensation and holding employers accountable for violating state and federal employment laws.
How Federal Law Protects Military Employees from Wrongful Termination
The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits employers from discriminating against military personnel, veterans, and individuals applying to join the armed forces. The law applies to employers of all sizes and protects members of the Army, Navy, Marine Corps, Air Force, Coast Guard, National Guard, and Reserve components.
Under USERRA, eligible employees have the right to:
- Take unpaid leave for military service.
- Return to their previous position or an equivalent position with the same pay, benefits, and seniority.
- Be protected from wrongful termination for a specified period after returning to work.
To qualify for USERRA protections, employees generally must:
- Hold civilian employment before military service.
- Provide advance notice of military service when possible.
- Serve no more than five cumulative years, subject to applicable exceptions.
- Receive a qualifying discharge.
- Apply for reinstatement within the required timeframe.
USERRA establishes different deadlines for requesting reinstatement based on the length of military service:
- 30 days or less: Report to work on the next scheduled workday.
- 31 to 180 days: Request reinstatement within 14 days.
- More than 180 days: Request reinstatement within 90 days.
Returning service members are generally entitled to the position they would have attained had they remained continuously employed, including any raises, promotions, seniority, or benefits earned during military leave.
Protection Against Termination After Returning from Military Service
Although New Jersey is generally an at-will employment state, USERRA limits an employer’s ability to terminate returning service members.
Employees who served:
- More than 180 days cannot be terminated without cause for one year after returning to work.
- 31 to 180 days cannot be terminated without cause for six months after returning.
Employers must have a legitimate, lawful reason for termination, such as documented misconduct or policy violations. USERRA also prohibits retaliation against employees who exercise their rights or participate in enforcing the law.
New Jersey Laws Protect Military Service Members
In addition to federal protections, the New Jersey Law Against Discrimination (NJLAD) provides important safeguards for military personnel and veterans.
Under New Jersey law:
- Employees may take unpaid leave for qualifying military service.
- Employers must reinstate eligible employees to their previous position or a comparable position unless reinstatement is impossible or unreasonable.
- If the original position is unavailable, the employer must offer another qualified position when appropriate.
- Employees generally must request reinstatement within 90 days.
- Returning service members cannot be terminated without just cause for one year following reinstatement.
How Castronovo & McKinney, LLC Can Help
Castronovo & McKinney, LLC represents military service members and veterans throughout Bergen County, NJ in wrongful termination claims. If your employer violated your rights under USERRA or New Jersey law, we can investigate your claim, pursue compensation, and seek to hold your employer accountable.
Depending on your case, you may be able to recover compensation for:
- Lost wages and salary.
- Lost bonuses, commissions, and vacation pay.
- Lost employment benefits, including health insurance.
- Emotional distress and other damages allowed by law.
- Attorney’s fees and litigation costs.
Speak With a Bergen County, NJ Wrongful Termination Attorney
Many wrongful termination claims are resolved through negotiation, but we are fully prepared to take your case to court when necessary. If you were fired because of your military service or veteran status, Castronovo & McKinney, LLC can help you understand your legal options and pursue the compensation you deserve.
Castronovo & McKinney, LLC represents military service members and veterans throughout Bergen County, NJ, and across New Jersey in wrongful termination cases.
