Federal and state laws protect military personnel and veterans in Hammonton, NJ, and across New Jersey from wrongful termination. If you were fired because of your military service or veteran status, Castronovo & McKinney, LLC can represent you.
Legal Protections Under Federal Law
The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits employers from discriminating against military members, veterans, or those seeking to join the armed forces. It applies to all employers, regardless of size, and covers service in the Army, Navy, Marine Corps, Air Force, Coast Guard, National Guard, and Reserves.
Key rights under USERRA include:
- Unpaid leave for military service.
- Reinstatement to your job with equal seniority, benefits, and pay.
- Protection against wrongful termination for a period after returning from service.
Eligibility requires:
- Maintaining civilian employment.
- Providing reasonable notice to the employer before military service.
- Serving five years or less.
- Receiving an honorable discharge.
- Requesting reinstatement within required deadlines:
- Service up to 30 days: Request reinstatement the next workday.
- Service 31–180 days: Request within 14 days of return.
- Service 181+ days: Request within 90 days of return.
Upon reinstatement, employees are entitled to raises, promotions, and benefits they would have earned if their employment had not been interrupted.
Job Protection After Service
Under USERRA, employers cannot terminate reinstated employees without cause for a specific time:
- One year of protection for service over 180 days.
- Six months for service between 31 and 180 days.
Termination must be based on valid business reasons such as misconduct or policy violations. Retaliation for asserting USERRA rights is also prohibited.
New Jersey Law Protections
The New Jersey Law Against Discrimination (NJLAD) adds protections for service members. Employers must reinstate employees after service to the same or a comparable position unless business circumstances make it impossible. If the previous role is unavailable, a qualified alternative must be offered.
Employees must request reinstatement within 90 days. Employers cannot terminate them without just cause for one year after their return.
How Castronovo & McKinney, LLC Can Help
Our firm represents service members and veterans who were wrongfully terminated. We pursue compensation for:
- Lost wages, bonuses, and vacation pay.
- Lost benefits, including healthcare coverage.
- Damage to reputation.
- Pain, suffering, and emotional distress.
- Attorney fees and litigation costs.
Many cases settle outside of court, but we are prepared to litigate when necessary. Our goal is to hold employers accountable and secure fair treatment for those who served.
Contact Us
If you believe your termination in Hammonton, NJ violated your rights as a military member or veteran, contact Castronovo & McKinney, LLC to discuss your case. We represent clients throughout New Jersey in wrongful termination claims.