Castronovo & McKinney, LLC protects military service members and veterans in Egg Harbor City, NJ, from wrongful termination due to their military status. If you were denied unpaid military leave or fired after returning from active duty, we can help you enforce your rights.
Federal and state laws safeguard your employment during and after military service. If your employer terminated you for your time on active duty or veteran status, you likely have a wrongful termination claim. We provide strong legal support to ensure you receive fair treatment and respect. Contact us for a consultation.
Protections Under Federal Law
The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits discrimination against military employees and veterans by employers in New Jersey and nationwide. It applies to nearly all employers and covers active duty and training in all military branches, including the Army, Navy, Marine Corps, Coast Guard, National Guard, Reserves, and the Public Health Service.
USERRA guarantees military employees these rights:
- Unpaid leave for military service
- Reinstatement to the same job with equivalent pay, benefits, and seniority
- Protection from termination without cause for a specific period after return
Eligibility requires:
- Holding a civilian job
- Providing reasonable notice to the employer before military service
- Service lasting five years or less
- Receiving an honorable discharge
- Applying for reinstatement within the legally required timeframe
Reinstatement deadlines vary:
- Next scheduled workday if service is 30 days or less
- Within 14 days if service is 31 to 180 days
- Within 90 days if service exceeds 180 days
Employers must restore the employee’s job with the same pay, rank, and seniority, unless doing so is an unreasonable hardship. Raises, promotions, and benefits accrued during absence must also be honored.
Job Protection Periods Under USERRA
Although New Jersey is an at-will employment state, USERRA restricts employers from firing reinstated military employees without cause for:
- One year after returning if service lasted 181 days or more
- Six months if service lasted between 31 and 180 days
“Cause” means a legitimate business reason such as misconduct or policy violations.
New Jersey Law Against Discrimination (NJLAD)
Under NJLAD, employees can take unpaid military leave and must be reinstated to the same or a similar position upon return unless it is impossible or unreasonable. If the original position is unavailable, employers must place the employee in a qualified, available position they request.
Employees must request reinstatement within 90 days of military service completion. Employers cannot terminate reinstated employees without cause for one year after their return.
How Castronovo & McKinney, LLC Can Assist You
We specialize in wrongful termination claims for military service members and veterans across New Jersey, including Egg Harbor City. If you were unjustly fired after military service, we will fight for compensation including:
- Lost wages and bonuses
- Lost vacation and benefits like health insurance
- Reputational harm
- Pain, suffering, and emotional distress
- Attorney fees and court costs
We pursue settlements when possible but will litigate to protect your rights and obtain full compensation.
Contact Castronovo & McKinney, LLC
Wrongful termination based on military or veteran status is illegal but often overlooked. Our experienced attorneys will hold your employer accountable and ensure you receive the justice you deserve. Contact our office for a consultation to discuss your claim.
Castronovo & McKinney, LLC represents military service members and veterans in Egg Harbor City and throughout New Jersey in wrongful termination cases.