Castronovo & McKinney, LLC represents military personnel and veterans in Mullica Township, NJ who have been wrongfully terminated due to their military service. If your employer fired you because of your military status, our firm can guide you through the legal protections that defend your rights.
Legal Protections for Military Personnel and Veterans
Federal law, through the Uniformed Services Employment and Reemployment Rights Act (USERRA), protects military members, veterans, and those entering the armed forces from workplace discrimination. USERRA applies to all employers and covers service in the Army, Navy, Marine Corps, Air Force, Coast Guard, National Guard, and Reserves.
Key Protections Under USERRA
- Paid or unpaid leave for military service.
- Reinstatement to your previous job with the same seniority, pay, and benefits.
- Protection against termination for a period after returning from service.
Eligibility for Protection
USERRA applies if you:
- Maintain civilian employment.
- Provide reasonable notice to your employer before military service.
- Serve five years or less.
- Receive an honorable discharge.
Requesting Reinstatement
After completing military service, you must request reinstatement within specific deadlines:
- Service up to 30 days: Reinstatement requested the next workday.
- Service 31–180 days: Reinstatement requested within 14 days of return.
- Service over 181 days: Reinstatement requested within 90 days of return.
Upon reinstatement, you are entitled to all raises, promotions, and benefits you would have received if employment had not been interrupted.
Job Protection After Service
USERRA also protects employees from termination after reinstatement:
- Service over 180 days: One year of protection.
- Service 31–180 days: Six months of protection.
Termination during this period must be based on legitimate business reasons, such as misconduct or policy violations. Retaliation for asserting USERRA rights is prohibited.
New Jersey Law Protections
The New Jersey Law Against Discrimination (NJLAD) further protects service members. Employers must reinstate employees to the same or a comparable position unless business needs prevent it. If the original role is unavailable, a qualified alternative must be offered. Employees must request reinstatement within 90 days of return.
Employers cannot terminate employees without just cause for one year after returning to work under NJLAD.
How Castronovo & McKinney, LLC Can Help
Castronovo & McKinney, LLC represents service members and veterans in Mullica Township, NJ who were wrongfully terminated due to military service. We pursue compensation for:
- Lost wages, bonuses, and vacation pay
- Lost benefits, including healthcare coverage
- Damage to professional reputation
- Pain, suffering, and emotional distress
- Attorney fees and litigation costs
While many cases settle outside of court, we are prepared to litigate to hold employers accountable and secure fair treatment for military personnel and veterans.
Contact Castronovo & McKinney, LLC
If you believe your termination in Mullica Township, NJ violated your rights as a military member or veteran, contact Castronovo & McKinney, LLC to discuss your case. We represent clients across New Jersey in military service discrimination and wrongful termination claims.