Castronovo & McKinney, LLC is dedicated to protecting the rights of military service members and veterans in Norwood, NJ, who face wrongful termination. If you’ve been denied unpaid time off for military service or fired after returning from active duty, we can help.
Your service deserves respect. If your employer terminated you because of your military service or veteran status, you may have a valid wrongful termination claim. Our attorneys will fight for your rights with the dignity you deserve. Contact us today for a consultation.
How Federal Laws Protect Military Employees Against Wrongful Termination
The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits discrimination against military employees, veterans, and applicants for uniformed services across the U.S., including in New Jersey. USERRA applies to almost all employers, regardless of size, and covers service in any branch of the military, including the Army, Navy, Marine Corps, Coast Guard, National Guard, and Reserves.
USERRA guarantees the following rights to eligible employees:
- The right to take unpaid leave for military service
- The right to be reinstated to the same job with equivalent benefits and seniority
- The right to protection from termination without cause for a specified period
To qualify for these protections, you must meet the following criteria:
- Hold a civilian job
- Provide reasonable notice of military leave
- Be away for five years or less
- Receive an honorable discharge
- Apply for reinstatement within the required time frame
Reinstatement deadlines are as follows:
- 30 days or less: apply on the next scheduled workday
- 31 to 180 days: apply within 14 days after service
- 181 days or more: apply within 90 days of service completion
Returning service members must be offered a position with the same pay, rank, and seniority unless significant changes make this unreasonable. They are also entitled to raises, promotions, or benefits they would have received had they been employed continuously.
Temporary Job Protection for Service Members and Veterans
New Jersey is an at-will employment state, which allows termination with or without cause. However, under USERRA, employers cannot fire reinstated military employees without cause for certain periods:
- One year for employees who served 181 days or more
- Six months for employees who served between 31 and 180 days
Termination “with cause” requires a legitimate business reason, such as misconduct. USERRA also prohibits any discrimination against military service members and veterans in hiring, training, or other employment terms, as well as retaliation for asserting their rights.
New Jersey Law Against Wrongful Termination
The New Jersey Law Against Discrimination (NJLAD) permits employees to take unpaid leave for active military service. Employers must reinstate returning employees to the same or a similar position unless circumstances have significantly changed. If reinstatement to the same position isn’t possible, the employer must offer another available job the employee is qualified for.
Employees must apply for reinstatement within 90 days of service. Employers cannot terminate reinstated employees without cause for one year after their return.
How Castronovo & McKinney Can Help
At Castronovo & McKinney, we represent military service members and veterans in wrongful termination claims. If you’ve been wrongfully fired after returning from military service, you may be entitled to compensation for:
- Lost wages
- Lost bonuses and vacation pay
- Value of lost benefits, such as health insurance
- Reputational harm
- Pain and suffering
- Emotional distress
- Attorney fees and court costs
While many cases settle, we are prepared to take your case to trial if necessary. You can trust us to protect your rights throughout the legal process.
Contact Our Experienced Wrongful Termination Attorneys
Wrongful termination based on military and veteran status is illegal, but employers often have the advantage in these situations. Our attorneys will fight to hold your employer accountable and secure the compensation you deserve. Contact us today for a consultation.
Castronovo & McKinney, LLC represents military service members and veterans in wrongful termination claims throughout New Jersey.