Protection Against Wrongful Termination for Military Employees
Federal and New Jersey laws protect military service members and veterans from wrongful termination due to their military status. Castronovo & McKinney, LLC assists those denied unpaid time off for military service or fired without cause after returning from active duty.
Legal Support for Military Service Members
Military service deserves respect in the workplace. If your employer terminated you due to your active duty or veteran status, you may have a wrongful termination case. Castronovo & McKinney, LLC is dedicated to protecting your rights.
Federal Protections for Military Employees
The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits discrimination against military employees, veterans, and applicants to the uniformed services. This law applies to almost all employers and covers active duty or training in any military branch. USERRA grants rights including unpaid leave, job reinstatement with the same benefits and seniority, and protection against termination without cause for a specific period.
USERRA Eligibility
To be eligible for USERRA protections, an employee must:
- Hold a civilian job
- Provide reasonable notice of military service
- Be absent for five years or less
- Obtain an honorable discharge
- Apply for reinstatement in a timely manner
Reinstatement Deadlines
- Service of 30 days or less: Apply on the next scheduled workday
- Service of 31 to 180 days: Apply within 14 days after service ends
- Service of 181 days or more: Apply within 90 days of service end
Returning employees must be offered a job with the same pay, rank, and seniority, unless it’s an unreasonable burden on the employer. They are also entitled to any raises, promotions, or benefits earned during their absence.
Temporary Job Protection
New Jersey is an at-will employment state, but USERRA provides temporary job protection for reinstated military employees:
- Service of 181 days or more: Cannot be fired without cause for one year
- Service of 31 to 180 days: Cannot be fired without cause for six months
New Jersey Law Against Discrimination (NJLAD)
The NJLAD allows employees to take unpaid leave for active service in the U.S. or state military. Employers must reinstate returning employees to the same or similar position unless it’s impossible or unreasonable. If reinstatement is not feasible, the employer must restore the employee to any available qualified position. Reinstated employees cannot be fired without cause for one year.
How Castronovo & McKinney, LLC Can Help
Castronovo & McKinney, LLC advocates for military service members and veterans. If you were wrongfully terminated after returning from service, we will handle your claim to seek compensation, including:
- Lost wages
- Lost bonuses and vacation pay
- Lost benefits (e.g., health insurance)
- Reputational harm
- Pain and suffering
- Emotional distress
- Attorney fees and court costs
While many claims settle, we are prepared to take your case to trial to protect your rights.
Contact Our Experienced New Jersey Wrongful Termination Attorneys
Wrongful termination based on military and veteran status is illegal. Castronovo & McKinney, LLC will hold your employer accountable and seek the compensation you deserve. Contact us for a consultation. We represent military service members and veterans throughout New Jersey in wrongful termination claims.