Castronovo & McKinney, LLC is dedicated to assisting military service members and veterans in Berkeley Heights, NJ, who have faced wrongful termination due to their military status. If you’ve been denied unpaid leave for military service or fired unjustly after returning from active duty, we’re here to help.
Your service deserves respect, and your rights need protection. If you’ve been fired because of your military service or veteran status, you may have a case for wrongful termination. Our experienced attorneys are here to fight for you. Contact us today for a consultation.
How Federal Laws Protect Military Employees from Wrongful Termination
The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits discrimination against military employees and veterans. USERRA applies to all employers and protects individuals called to active duty or training in any branch of the U.S. military, including the Army, Navy, Marine Corps, Coast Guard, National Guard, and Reserves.
Under USERRA, eligible employees have the right to:
- Take unpaid leave for military service.
- Return to their job with the same benefits and seniority.
- Not be terminated without cause for a specified period after returning to work.
To qualify for USERRA protections, an employee must meet the following criteria:
- Hold a civilian job.
- Provide reasonable notice to the employer about military service.
- Be away for no more than five years.
- Be honorably discharged.
- Apply for reinstatement promptly upon return.
Reinstatement deadlines vary depending on the length of service:
- For service of 30 days or less: apply the next scheduled workday.
- For 31 to 180 days: apply within 14 days after service ends.
- For 181 days or more: apply within 90 days of the end of service.
Returning service members are entitled to the same job, pay, rank, and seniority they would have had if they hadn’t been away. They also retain rights to raises and promotions they would have earned during their service.
Temporary Job Protection for Service Members and Veterans
While New Jersey is an at-will employment state, USERRA offers additional job protection for military service members and veterans. Specifically, employees reinstated after military service cannot be terminated without cause for:
- One year if they served 181 days or more.
- Six months if they served between 31 and 180 days.
Legitimate reasons for termination under USERRA include violations of company policy or misconduct, but military employees are protected from discrimination regarding all terms of employment, including hiring, compensation, training, and promotion. Retaliation for asserting USERRA rights is also prohibited.
New Jersey Law Against Discrimination
The New Jersey Law Against Discrimination (NJLAD) provides additional protections for military service members. NJLAD mandates that employees be granted unpaid leave for military service and reinstated to the same or a similar position upon return. If no equivalent position is available, employers must offer any suitable job the employee is qualified for. Reinstatement must occur within 90 days of returning from service, and employers cannot terminate employees without cause for one year following their return.
How We Can Help
Castronovo & McKinney is known for its strong advocacy on behalf of military service members and veterans. If you’ve been wrongfully terminated due to your military service, our attorneys are ready to help you pursue compensation. We can seek damages for:
- Lost wages and benefits
- Bonuses and vacation pay
- Value of lost benefits (e.g., health insurance)
- Reputational harm
- Pain and suffering
- Emotional distress
- Attorney fees and court costs
While many wrongful termination cases settle, we are prepared to take your case to trial if necessary. You can rely on us to protect your rights through every stage of the legal process.
Contact Our Experienced New Jersey Wrongful Termination Lawyers
Wrongful termination based on military status is illegal. At Castronovo & McKinney, we are committed to holding employers accountable and ensuring you receive the compensation you deserve. Contact us today to schedule a consultation.
Castronovo & McKinney, LLC represents military service members and veterans throughout New Jersey in wrongful termination claims.