Federal and New Jersey laws protect military service members and veterans from wrongful termination due to their status. If your employer denied you unpaid leave for military service or fired you without cause after returning from active duty, Castronovo & McKinney, LLC can assist you.
Your military service deserves respect in the workplace. If you were fired because of time spent on active duty or your veteran status, you likely have a strong wrongful termination claim. We will defend your rights and ensure you are treated with dignity. Contact us for a consultation.
How Federal Laws Protect Military Employees from Wrongful Termination
The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits employers in New Jersey from discriminating against military employees, veterans, and those applying for uniformed services.
This law covers nearly all employers, regardless of size, and applies to employees called to active duty or training in any military branch, including Army, Navy, Marine Corps, Public Health Service Commissioned Corps, Coast Guard, National Guard, and Reserves.
USERRA grants rights such as:
- Unpaid leave for military service
- Reinstatement to the same job with equivalent benefits and seniority
- Protection from firing without cause for a specified time after returning
Eligibility requires holding a civilian job, giving reasonable notice to the employer, serving five years or less, obtaining an honorable discharge, and applying for reinstatement within set deadlines based on service length:
- 30 days or less: apply by next workday
- 31 to 180 days: apply within 14 days
- 181 days or more: apply within 90 days
Employers must reinstate returning service members at the same pay, rank, and seniority unless business conditions make it impossible. Employees are also entitled to raises, promotions, and benefits earned during their absence.
Temporary Job Protection for Service Members and Veterans
New Jersey is an at-will employment state, but under USERRA:
- Employers cannot fire employees who served 181+ days without cause for one year
- Employers cannot fire employees who served 31–180 days without cause for six months
“Cause” means a legitimate business reason such as misconduct or policy violations. USERRA forbids discrimination or retaliation against military employees in all employment aspects including hiring, pay, training, promotion, and termination.
New Jersey Law Against Wrongful Termination Due to Military or Veteran Status
The New Jersey Law Against Discrimination (NJLAD) guarantees unpaid leave for active U.S. or state military service. Returning employees must be reinstated to the same or similar position unless circumstances make this impossible. If not feasible, employers must offer any qualified available position requested by the employee.
Reinstatement must occur within 90 days of service end, and firing reinstated employees without cause is prohibited for one year.
How Castronovo & McKinney, LLC Can Help
Castronovo & McKinney, LLC is a trusted advocate for military service members and veterans facing wrongful termination. If fired without cause after military service, you can file a claim for compensation. Our attorneys manage your case fully, seeking damages for:
- Lost wages, bonuses, and vacation pay
- Lost benefits, including health insurance
- Reputational harm
- Pain, suffering, and emotional distress
- Attorney fees and court costs
While many cases settle, we will take your claim to trial if necessary to protect your rights.
Contact Our Experienced Corbin City, NJ Wrongful Termination Attorneys
Employers may have the advantage in employment decisions, but wrongful termination due to military or veteran status is illegal. Castronovo & McKinney, LLC will hold your employer accountable and fight for the compensation you deserve. Contact us for a consultation.
Castronovo & McKinney, LLC represents military service members and veterans in Corbin City, NJ, and throughout New Jersey in wrongful termination cases.