Federal and state laws offer critical protections for military personnel and veterans against wrongful termination in Folsom, NJ, and across the state. If your employer has unfairly dismissed you due to your military service or veteran status, Castronovo & McKinney, LLC can help.
We understand the importance of your military service and the rights you are entitled to in the workplace. If you were fired because of your military obligations, you may have a solid case for wrongful termination. Our team will ensure that your legal rights are upheld and that you are treated with the fairness and respect you deserve. Contact us to schedule a consultation.
How Federal Laws Protect Military Employees Against Wrongful Termination
The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits discrimination against military personnel, veterans, and individuals seeking to join the armed forces. This law applies to employers of all sizes and covers employees serving in various branches of the military, including the Army, Navy, Marine Corps, Coast Guard, National Guard, and Reserves.
USERRA provides several important protections, including:
- The right to take unpaid leave for military service.
- Reinstatement to the previous position with equivalent benefits and seniority.
- Protection against unjust termination for a specific period after returning from service.
To be eligible, employees must:
- Maintain civilian employment.
- Provide reasonable notice of their military service to the employer.
- Serve for five years or less.
- Receive an honorable discharge.
- Request reinstatement within the designated timeframe.
The reinstatement deadline varies based on the length of military service:
- For service lasting 30 days or less, employees must apply for reinstatement the next scheduled workday.
- For service lasting between 31 and 180 days, employees must apply within 14 days after service ends.
- For service lasting more than 181 days, employees must apply within 90 days of completing their service.
Upon returning, military personnel are entitled to reinstatement with the same pay, rank, and seniority, unless extreme business conditions prevent it. They also retain rights to raises, promotions, and benefits they would have earned during continuous employment.
Temporary Employment Protections for Service Members and Veterans
New Jersey follows at-will employment principles, which typically allow employers to terminate employees at any time. However, under USERRA, employees reinstated after military service are protected from termination without just cause for a set period:
- Employees with more than 180 days of service are protected for one year after returning.
- Employees with service between 31 and 180 days are protected for six months.
Terminations must be based on legitimate, business-related reasons, such as policy violations or misconduct.
In short, USERRA prohibits discrimination against military personnel and veterans in all employment areas, including hiring, pay, training, promotions, and terminations. Employers are also prohibited from retaliating against employees who assert their rights under the law.
New Jersey Laws Against Wrongful Termination Based on Military or Veteran Status
The New Jersey Law Against Discrimination (NJLAD) allows employees to take unpaid leave for military service, whether state or federal. Employers must reinstate employees returning from service to their previous or equivalent positions unless doing so is unreasonable due to changing circumstances. If reinstatement to the previous position is impossible, the employer must offer another available position for which the employee is qualified.
Employees must request reinstatement within 90 days of returning from military service. Employers cannot terminate employees without just cause for one year following their return.
Our Firm’s Role in Assisting You
Castronovo & McKinney, LLC is dedicated to defending the rights of military personnel and veterans. If your employer wrongfully terminated you upon your return from service, we are prepared to help you pursue compensation. Our team of wrongful termination attorneys will guide you through the legal complexities of your case.
Potential damages we may pursue include:
- Lost wages.
- Lost bonuses and vacation pay.
- Loss of benefits, such as health insurance coverage.
- Reputational harm.
- Pain and suffering.
- Emotional distress.
- Attorney fees and litigation expenses.
Contact Our Experienced New Jersey Wrongful Termination Attorney
Although many wrongful termination cases settle out of court, we are ready to litigate on your behalf if necessary. We will vigorously defend your rights, whether in negotiations or in the courtroom.
Wrongful termination based on military or veteran status is illegal, yet employers often have the upper hand in employment matters. Our employment law specialists will work to level the playing field and ensure your employer is held accountable. Contact our office today to arrange a consultation.
Castronovo & McKinney, LLC represents military service members and veterans throughout New Jersey in wrongful termination claims.