The law firm of Castronovo & McKinney, LLC stands ready to fight for your rights if you’ve been wrongfully terminated due to your military service or veteran status. If your employer has denied you unpaid time off for military service or fired you without cause upon your return, we can help.
Your military service deserves respect. If you’ve been dismissed for time spent on active duty or because of your veteran status, you may have a strong wrongful termination case. Let us protect your rights and secure the compensation you deserve. Contact us 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, veterans, and those applying for military service. It applies to employers in Estell Manor, New Jersey, and across the country, covering all branches of the military, including the Army, Navy, Marine Corps, Air Force, Coast Guard, and National Guard.
USERRA ensures military employees have the right to take unpaid leave, be reinstated with the same benefits and seniority, and be free from unjust termination for a certain period after returning from service. To qualify, an employee must:
- Hold a civilian job
- Provide reasonable notice of military service
- Be gone for 5 years or less
- Obtain an honorable discharge
- Apply for reinstatement within a specific timeframe
The timeframe for reinstatement is as follows:
- If service was 30 days or less, apply on the next scheduled workday.
- If service was between 31 and 180 days, apply within 14 days after returning.
- If service was 181 days or more, apply within 90 days after returning.
Upon returning, you must be offered a job with the same pay, rank, and seniority unless reinstating you would create an unreasonable burden for the employer. You are also entitled to any raises, promotions, or benefits you would have received if you had remained employed.
Temporary Job Protection for Service Members and Veterans
Estell Manor, like the rest of New Jersey, is an at-will state for employment. This means that employees can generally be fired at any time, for any reason. However, under USERRA, employers cannot terminate military service members without cause for a specific period after they are reinstated:
- If the employee served 181 days or more, they cannot be fired for one year without cause.
- If the employee served between 31 and 180 days, they cannot be fired for six months without cause.
“Termination with cause” refers to legitimate reasons for firing, such as misconduct, violation of company rules, or theft. In short, USERRA protects military service members and veterans from discrimination in hiring, compensation, training, promotions, and termination. Employers cannot retaliate against employees who assert their rights under USERRA.
New Jersey Law Against Wrongful Termination Due to Military Service
The New Jersey Law Against Discrimination (NJLAD) also protects employees who take unpaid leave for military service. Employers must reinstate employees to the same or a similar position unless circumstances make reinstatement impossible or unreasonable. If that’s the case, the employer must offer the employee any available position they qualify for. Employees must apply for reinstatement within 90 days after returning from service, and employers cannot fire reinstated employees without cause for one year after their return.
How Castronovo & McKinney, LLC Can Help
At Castronovo & McKinney, LLC, we have a strong track record of representing military service members and veterans in wrongful termination cases. If you’ve been wrongfully terminated due to your military service or veteran status, we can help you file a lawsuit and pursue the compensation you’re entitled to. Some of the damages we pursue include:
- Lost wages
- Lost bonuses and vacation pay
- Loss of benefits (e.g., health insurance)
- Reputational harm
- Pain and suffering
- Emotional distress
- Attorney fees and court costs
While many cases are settled out of court, we are prepared to take your case to trial if necessary. Our attorneys will fight to protect your rights every step of the way.
Contact Our Experienced Wrongful Termination Attorneys
Wrongful termination due to military service or veteran status is illegal, but employers often hold the power in employment decisions. Our legal team will level the playing field, hold your employer accountable, and help you get the compensation you deserve. Contact Castronovo & McKinney, LLC today for a consultation.
Castronovo & McKinney, LLC represents military service members and veterans throughout Estell Manor, New Jersey, in wrongful termination claims.