Castronovo & McKinney, LLC is committed to supporting military service members and veterans in Brigantine, NJ, who face wrongful termination due to their military status. If you’ve been denied unpaid leave for military service or terminated unjustly after returning from active duty, our team is here to help.
Your service deserves respect in the workplace. If you were dismissed for your time spent on active duty or due to your veteran status, you may have a strong case for wrongful termination. Trust us to advocate for your rights with dignity and respect. 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 and veterans. This law applies to all employers and protects individuals called to active duty or training in any military branch, including the Army, Navy, Marine Corps, Coast Guard, National Guard, and Reserves.
USERRA grants several rights to eligible employees, including:
- The right to take unpaid leave.
- The right to be reinstated to their job with the same benefits and seniority.
- The right not to be terminated without cause for a specified period.
To qualify, an employee must:
- Hold a civilian job.
- Provide reasonable notice to the employer regarding military service.
- Be away for 5 years or less.
- Obtain an honorable discharge.
- Apply for reinstatement promptly.
Reinstatement deadlines vary based on service duration:
- 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 jobs with equivalent pay, rank, and seniority unless reinstatement is unreasonable. They also retain rights to raises and promotions they would have earned if they had not left for service.
Temporary Job Protection for Service Members and Veterans
As an at-will employment state, New Jersey allows termination with or without cause. However, under USERRA, reinstated military employees cannot be fired without cause for:
- One year for those serving 181 days or more.
- Six months for those serving between 31 and 180 days.
Legitimate termination reasons include violations of company policy or misconduct. USERRA protects military service members and veterans from discrimination regarding all employment terms, including hiring, compensation, training, and promotion. It also prohibits retaliation against those exercising their rights under the law.
New Jersey Law Against Discrimination
The New Jersey Law Against Discrimination (NJLAD) allows employees to take unpaid leave for military service. Employers must reinstate returning employees to the same or similar positions unless reinstatement is impossible. If such a position is unavailable, employers must offer any available role for which the employee is qualified. Employees must apply for reinstatement within 90 days of returning from service. Employers cannot fire reinstated employees without cause for one year post-service.
How Our Firm Can Help
Castronovo & McKinney has a strong reputation as advocates for military service members and veterans. If your employer terminated you unjustly after your service, you have the right to seek compensation. Our wrongful termination attorneys will manage your claim, pursuing damages such as:
- Lost wages.
- Lost bonuses and vacation pay.
- The value of lost benefits (e.g., health insurance).
- Reputational harm.
- Pain and suffering.
- Emotional distress.
- Attorney fees and court costs.
While many wrongful termination case result in settlements, we are prepared to take your case to trial if necessary. You can count on us to defend your rights in all legal matters.
Contact Our Experienced New Jersey Wrongful Termination Attorneys
Wrongful termination based on military status is illegal. Our employment lawyers will advocate for your rights, holding employers accountable and ensuring you receive the compensation you deserve. Contact our office today for a consultation.
Castronovo & McKinney, LLC represents military service members and veterans throughout New Jersey in wrongful termination claims.