Federal and state laws protect military personnel and veterans from wrongful termination in Northfield, NJ, and across New Jersey. If your employer terminated you because of your military service or veteran status, Castronovo & McKinney, LLC can help you fight for your rights.
We recognize the sacrifices made by military service members and ensure their workplace protections are enforced. Wrongful termination due to military obligations is illegal, and our team will work to secure fair treatment and full compensation. Contact us to schedule a consultation.
How Federal Laws Protect Military Employees from Wrongful Termination
The Uniformed Services Employment and Reemployment Rights Act (USERRA) forbids discrimination against military personnel, veterans, and those seeking to join the armed forces. It applies to employers of all sizes and covers service in the Army, Navy, Marine Corps, Coast Guard, National Guard, and Reserves.
USERRA guarantees:
- Unpaid leave for military service.
- Reinstatement to your previous position with equivalent benefits and seniority.
- Protection from unjust termination for a defined period after returning from service.
To qualify, employees must:
- Maintain civilian employment.
- Give reasonable notice of military service.
- Serve five years or less.
- Receive an honorable discharge.
- Request reinstatement within the specified timeframe.
Reinstatement deadlines vary by service length:
- 30 days or less: next scheduled workday.
- 31–180 days: within 14 days.
- Over 181 days: within 90 days.
Returning service members are entitled to the same pay, rank, and seniority, unless extreme business conditions prevent it. Raises, promotions, and benefits accrued during military leave must also be honored.
Temporary Employment Protections
New Jersey is an at-will employment state, meaning employers can typically terminate employees at any time. USERRA overrides this for returning service members:
- Over 180 days of service: protected from termination for one year.
- 31–180 days of service: protected for six months.
Terminations must be for legitimate business reasons, such as policy violations or misconduct. USERRA also prohibits retaliation against employees who assert their rights.
New Jersey Laws Against Military-Related Wrongful Termination
The New Jersey Law Against Discrimination (NJLAD) extends federal protections:
- Employees may take unpaid leave for military service.
- Employers must reinstate returning employees to their previous or equivalent positions unless unreasonable.
- If the original role is unavailable, another qualified position must be offered.
- Reinstatement must be requested within 90 days.
- Employees cannot be terminated without just cause for one year after returning.
How Castronovo & McKinney, LLC Can Help
Castronovo & McKinney, LLC defends the rights of military personnel and veterans in Northfield, NJ. If you were wrongfully terminated, we pursue compensation and hold employers accountable. Potential damages include:
- Lost wages, bonuses, and vacation pay.
- Loss of benefits, including health insurance.
- Reputational harm.
- Pain, suffering, and emotional distress.
- Attorney fees and litigation costs.
Contact Our Experienced Northfield, NJ Wrongful Termination Attorneys
Many wrongful termination cases settle outside court, but we are prepared to litigate when necessary. Employers may have power in employment matters, but our team levels the playing field to protect your rights. Contact our office today to schedule a consultation.
Castronovo & McKinney, LLC represents military service members and veterans throughout Northfield, NJ, and New Jersey in wrongful termination cases.