Federal and New Jersey statutes safeguard military personnel and veterans against unjust dismissal due to their service status. If you’ve faced denial of unpaid leave for military duty or termination without valid grounds upon returning from active duty, Castronovo & McKinney, LLC stands ready to provide assistance.
We strongly uphold the notion that military service merits respect within the workplace. Should your employment be terminated due to your service commitment or veteran status, there exists a strong basis for a wrongful termination case. Count on us to ensure your rights are safeguarded with the dignity and fairness you deserve. Reach out to us today for a comprehensive consultation.
Protective Measures Offered by Federal Laws for Military Personnel Against Unfair Dismissal
The Uniformed Services Employment and Reemployment Rights Act (USERRA) imposes constraints on employers in Egg Harbor Township and nationwide, prohibiting discrimination against military personnel, veterans, and applicants to uniformed services.
This legislation applies universally, irrespective of the employer’s workforce size, encompassing individuals summoned to active duty or training across various military branches. USERRA confers several entitlements upon eligible employees, including the right to unpaid leave, reinstatement to their former position with equivalent benefits and tenure, and protection against arbitrary termination for a stipulated period. To qualify, an employee must:
- Be employed in a civilian capacity
- Furnish reasonable notice to the employer prior to commencing military service
- Be absent for a duration of five years or less
- Receive an honorable discharge
- Seek reinstatement within a reasonable timeframe
The timeframe for seeking reinstatement hinges on the duration of military service:
- Employees serving 30 days or less must apply on the subsequent scheduled workday
- Employees serving 31 to 180 days must submit their application within 14 days following the conclusion of their service
- Employees serving 181 days or more must apply within 90 days post-service termination
Upon returning from military service, employees are entitled to reinstatement in a role matching their prior pay, status, and tenure, barring any substantial changes in business circumstances that render such reinstatement unfeasible or unreasonable for the employer. Additionally, military personnel retain entitlement to any accrued raises, promotions, or benefits they would have obtained had they continued employment.
Transitory Job Security for Service Members and Veterans
New Jersey operates under at-will employment principles, allowing employers to terminate employees with or without cause. However, USERRA prohibits employers from terminating reinstated military personnel without just cause for defined durations:
- Employees serving 181 days or more cannot be terminated without cause for one year
- Employees serving between 31 and 180 days are protected from unjust dismissal for six months
Just cause termination necessitates a legitimate business-related rationale, such as violation of company policies, theft of company property, or other forms of misconduct.
In essence, USERRA bars employers from discriminating against military personnel and veterans in any aspect of employment, including recruitment, compensation, training, promotion, and termination. Furthermore, employers are legally barred from retaliating against employees who exercise their rights under USERRA.
Legal Safeguards Against Wrongful Termination Based on Military or Veteran Status in New Jersey
The New Jersey Law Against Discrimination (NJLAD) grants employees the right to take unpaid leave for active military service, mandating employers to reinstate returning employees to their prior or a comparable role, unless such reinstatement is deemed infeasible or unreasonable due to altered circumstances.
If reinstatement to the same or a similar position isn’t feasible, employers must offer returning employees any available position they request, provided they meet the requisite qualifications. Employees are required to apply for reinstatement within 90 days of their release from service. Moreover, employers are prohibited from terminating reinstated employees without just cause for one year following their return from military service.
How Our Firm Can Assist You
At Castronovo & McKinney, we boast a sterling reputation as staunch advocates for military personnel and veterans. If you’ve been unfairly terminated upon returning from service, you possess the right to pursue legal recourse to seek compensation. Allow our team of wrongful termination attorneys to handle all aspects of your claim. Potential damages we will vigorously pursue include:
- Lost wages
- Forfeited bonuses and vacation pay
- Value of lost benefits, such as health insurance coverage
- Reputational damage
- Pain and suffering
- Emotional distress
- Legal fees and court expenses
Although many wrongful termination cases culminate in negotiated settlements, we are fully prepared to escalate your case to trial if necessary. Rest assured, we will steadfastly safeguard your rights within and outside the courtroom.
Consult Our Seasoned New Jersey Wrongful Termination Lawyer
Wrongful termination premised on military or veteran status is unlawful, yet employers often wield considerable influence in employment decisions. Our team of employment law experts is committed to leveling the playing field, holding your employer accountable, and securing the compensation you rightfully deserve. Reach out to our office today to schedule a consultation.
Castronovo & McKinney, LLC extends its legal services to military personnel and veterans across New Jersey grappling with wrongful termination issues.