Federal and state laws provide crucial protections for military personnel and veterans against unjust termination in Woodbridge Township and across New Jersey. If your employer has denied you time off for military service or terminated you unfairly upon your return from active duty, Castronovo & McKinney, LLC stands ready to offer assistance.
We recognize the significance of your military service within the employment realm. If your employer dismissed you due to your military obligations or veteran status, you may possess a robust case for wrongful termination. Count on us to treat you with the dignity and fairness you deserve while safeguarding your legal rights. Reach out to us today to schedule a consultation.
How Federal Laws Protect Military Employees Against Wrongful Termination
Safeguards Offered by Federal Laws Against Wrongful Termination of Military Personnel The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits discrimination against military personnel, veterans, and individuals seeking to join the armed forces in New Jersey and nationwide.
This legislation applies to employers of all sizes and covers employees called to active duty or training across various branches of the military, including the Army, Navy, Marine Corps, Public Health Service Commissioned Corps, Coast Guard, National Guard, and Reserves.
USERRA confers several entitlements upon eligible employees, including:
- The right to take unpaid leave.
- The entitlement to reinstatement in their former position with equivalent benefits and seniority.
- Protection against termination without just cause for a specified duration.
To qualify, employees must:
- Maintain civilian employment.
- Provide reasonable notice of their military service to the employer.
- Serve for a period of five years or less.
- Receive an honorable discharge.
- Request reinstatement within the stipulated timeframe.
The application deadline for reinstatement varies based on the duration of military service:
- Employees with service periods of 30 days or less must apply on the subsequent scheduled workday.
- Those serving between 31 and 180 days must submit their application within 14 days following the conclusion of their service.
- Employees with service durations exceeding 181 days must apply within 90 days of completing their service.
Upon their return, military personnel are entitled to reinstatement with commensurate pay, rank, and seniority, barring extreme business circumstances that render such reinstatement impractical or burdensome on the employer. Additionally, they retain rights to any raises, promotions, or benefits they would have accrued during continuous employment.
Temporary Employment Protections for Service Members and Veterans New Jersey adheres to at-will employment principles, allowing employers to terminate employees with or without cause. However, under USERRA, employers are restricted from terminating reinstated military personnel without just cause for specified durations:
- Employees serving 181 days or more are protected from termination without cause for one year.
- Employees with service periods between 31 and 180 days are safeguarded for six months.
Termination with cause necessitates valid, business-related grounds such as violations of company policies, theft of company property, or other misconduct.
In summary, USERRA prohibits discrimination against military personnel and veterans in all aspects of employment, including recruitment, compensation, training, promotion, and termination. Moreover, employers are prohibited from retaliating against employees who exercise their rights under USERRA.
New Jersey Statutes Against Wrongful Termination Based on Military or Veteran Status The New Jersey Law Against Discrimination (NJLAD) permits employees to take unpaid leave for active military duty at the state or federal level. Employers are obligated to reinstate returning employees to their previous or similar positions, unless circumstances have altered to the extent that reinstatement is unfeasible or unreasonable.
Should reinstatement to the previous position prove impossible, employers must offer reinstated employees any available position they request, provided they possess the requisite qualifications. Employees must seek reinstatement within 90 days of their release from service. Furthermore, employers are barred from terminating reinstated employees without just cause for one year following their return from military service.
Our Firm’s Role in Assisting You At Castronovo & McKinney, we have earned a reputation as staunch advocates for military personnel and veterans. If your employer terminated your employment without just cause upon your return from service, you have the right to pursue legal action to secure compensation. Allow our team of wrongful termination attorneys to manage the intricacies of your claim.
Potential damages we will pursue include:
- Lost wages.
- Foregone 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
While many wrongful termination cases culminate in negotiated settlements, we are prepared to litigate your case if required. Rest assured, we will vigorously defend your rights both inside and outside the courtroom.
Consult Our Experienced New Jersey Wrongful Termination Lawyers Wrongful termination premised on military or veteran status is unlawful, yet employers often hold a position of advantage in employment matters. Our employment law specialists will strive to level the playing field, hold your employer accountable, and secure the compensation you rightfully deserve. Contact our office today to arrange a consultation.
Castronovo & McKinney, LLC represents military service members and veterans throughout New Jersey in wrongful termination claims.