Federal and New Jersey laws protect military personnel and veterans from unfair dismissal due to their service status. If you’ve been denied unpaid leave for military duty or terminated unfairly after returning from active duty, Castronovo & McKinney, LLC is here to help.
Military service deserves respect in the workplace. If your employment was terminated because of your service commitment or veteran status, you might have a strong case for wrongful termination. We are dedicated to protecting your rights with dignity and fairness. Contact us today for a thorough consultation.
Protective Measures for Military Personnel Against Unfair Dismissal
The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits discrimination against military personnel, veterans, and applicants to uniformed services. This law applies universally, covering all employers regardless of size.
USERRA provides several rights to eligible employees, including unpaid leave, reinstatement to their former position with the same benefits and tenure, and protection against arbitrary termination. To qualify, an employee must:
- Be employed in a civilian capacity
- Give reasonable notice to the employer before starting military service
- Be absent for five years or less
- Receive an honorable discharge
- Seek reinstatement within a reasonable timeframe
The timeframe for seeking reinstatement depends on the length of military service:
- For service of 30 days or less, apply on the next scheduled workday
- For service of 31 to 180 days, apply within 14 days after service ends
- For service of 181 days or more, apply within 90 days after service ends
Returning employees are entitled to a position with the same pay, status, and tenure, unless significant changes in business circumstances make this impossible. Military personnel are also entitled to any raises, promotions, or benefits they would have earned if they had remained employed.
Job Security for Service Members and Veterans
New Jersey follows at-will employment principles, but USERRA protects reinstated military personnel from termination without cause for specified periods:
- Employees serving 181 days or more cannot be terminated without cause for one year
- Employees serving between 31 and 180 days are protected for six months
“Just cause” for termination must be a legitimate business reason, such as policy violations or misconduct.
USERRA prohibits discrimination against military personnel and veterans in all employment aspects, including recruitment, compensation, training, promotion, and termination. Employers cannot retaliate against employees exercising their USERRA rights.
Legal Safeguards in New Jersey
The New Jersey Law Against Discrimination (NJLAD) allows employees to take unpaid leave for active military service and mandates that employers reinstate returning employees to their previous or a comparable position unless it is unreasonable due to changed circumstances.
If reinstatement is not feasible, employers must offer any available position the employee is qualified for. Employees must apply for reinstatement within 90 days of their service end. Employers cannot terminate reinstated employees without just cause for one year after their return.
How Our Firm Can Assist You
At Castronovo & McKinney, we are dedicated advocates for military personnel and veterans. If you’ve been unfairly terminated after returning from service, you have the right to seek legal recourse and compensation. Our wrongful termination attorneys handle all aspects of your claim, including:
- Lost wages
- Forfeited bonuses and vacation pay
- Value of lost benefits, like health insurance
- Reputational damage
- Pain and suffering
- Emotional distress
- Legal fees and court expenses
While many cases settle out of court, we are prepared to go to trial if necessary. We will protect your rights both inside and outside the courtroom.
Consult Our New Jersey Wrongful Termination Lawyer
Wrongful termination based on military or veteran status is illegal. Our employment law experts are committed to holding your employer accountable and securing the compensation you deserve. Reach out to our office today to schedule a consultation.
Castronovo & McKinney, LLC offers legal services to military personnel and veterans in Greenwich Township, NJ facing wrongful termination issues.