Federal and state laws offer essential protections for military personnel and veterans against wrongful termination in Margate City, NJ. If your employer has dismissed you unfairly due to your military service or veteran status, Castronovo & McKinney, LLC is here to help.
We understand the significance of your military service and the rights you’re entitled to in the workplace. If you were terminated because of your military obligations, you may have a strong case for wrongful termination. Our legal team is committed to ensuring your rights are protected and that you’re treated with the respect and fairness you deserve. Contact us to schedule a consultation today.
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 protects employees serving in various branches of the military, including the Army, Navy, Marine Corps, Coast Guard, National Guard, and Reserves.
USERRA provides several critical 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 generally 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 specific 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 areas of employment, 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.
How We Can Help
Castronovo & McKinney, LLC is dedicated to protecting the rights of military personnel and veterans. If your employer wrongfully terminated you after returning from military service, our team is ready to help you pursue compensation. Our experienced wrongful termination attorneys will guide you through the 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 Castronovo & McKinney, LLC today to arrange a consultation. Whether through negotiations or litigation, we are committed to defending your rights and ensuring your employer is held accountable for their wrongful actions.
Castronovo & McKinney, LLC represents military service members and veterans throughout New Jersey, including Margate City, in wrongful termination claims.
